Agenda packet — Lake Elsinore City Council, August 12, 2025 (part 3 of 5)

loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply.

By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

16. Insurance Requirements
.
a. Insurance. Consultant, at Consultant ’s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation Coverage . Consultant shall maintain Workers’ Compensation Insurance and Employer ’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker’s Compensation Insurance and Employer ’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.

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iii. Automobile Liability Coverage . Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non- owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.

Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage.
iv. Professional Liability Coverage . Consultant shall maintain professional errors and omissions liability insurance appropriate for Consultant ’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant ’s services under this Agreement, whether such services are provided by the Consultant or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liabi lity and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. Notwithstanding any inconsistent statement in any required insurance polic ies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers .

Any insurance maintained by the City, including any self -insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.

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c. Deductibles and Self-Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City . At the City’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with origina l endorsements to City as evidence of the insurance coverage required herein .

Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement . Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below . Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530

If to Consultant: Chen Ryan Associates, Inc.

Attn: Monique Chen, Principal In-Charge
3900 Fifth Avenue, Ste 310
San Diego, CA 92103

18. Assignment and Subcontracting . The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit B . Consul tant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultan t shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

20. Litigation Expenses and Attorneys ’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.

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21. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally . If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

22. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall ha ve any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

23. Equal Opportunity Employment . Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subco ntractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demoti on, transfer, recruitment or recruitment advertising, layoff or termination.

24. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects.

Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non- payment of prevailing wages under California law, and Consultant hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.

25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

26. Controlling Law Venue . This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside.

27. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to DocuSign Envelope ID: 91A88BF1-DF5A-43DD-A8CD-007A0D54C5D7

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make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non - monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.

28. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

29. Entire Agreement ; Incorporation; Conflict . This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Consultant’s Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this A greement shall take precedence over those contained in the Consultant’s Proposal.

30. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.

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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation

City Manager

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney

Assistant City Manager

“CONSULTANT”
Chen Ryan Associates, Inc., a Corporation

By: Monique Chen
Its: Principal In-Charge

Attachments: Exhibit A – Consultant’s Proposal
Exhibit B – List of Subcontractors

EXHIBIT A

EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]
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SCOPE OF WORK
CR Associates and our teaming partners (“the Consultant”) will develop engineering construction documents to support the proposed project. It is understood that the Plans, Specifications, and Estimate (PS&E) phase will build directly upon the preliminary design and environmental analysis developed during the Project Alignment and Environmental Document (PA/ED) phase. It is assumed that the trail alignment will not deviate from the PA/ED alignment and that the environmental and private parcel impacts described in the PA/ED documentation will be unchanged – with the exception of between Stoneman Street and Skylark Drive. It is assumed that all environmental mitigation will be done through the purchase of credits at a mitigation bank. It is also assumed that the project will be exempt from flood control requirements and that FEMA map revisions will not be required.

Scope of Services
Task 1 – Project Management and Meetings
CR Associates (CRA) will perform project management and administration services consisting of invoicing (with associated back up), monitoring progress against budget, and overall quality assurance (QA) throughout the project duration, assumed to be twelve months. Specific quality control (QC) efforts for each deliverable document are included in the task covering that document.

CRA will prepare contracts for required Subconsultant services. This task will also consist of: monitoring Subconsultant progress against budget and schedule, reviewing monthly Subconsultant invoices and associated back up.

CRA will attend virtual meetings as identified herein. Meetings in this Scope of Services are as follows:
 Kick-off Meeting with City Staff
 Monthly Meetings with City Staff (up to 12)
CRA will spend time each month coordinating with City staff via email and telephone.

As requested, CRA will assist City staff with presenting to the City’s Planning Commission and/or City Council. It is assumed that up to two (2) total presentations may be performed.

Task 1 – Deliverables:
 Schedule (PDF format)
 A typed summary for each meeting (PDF format)
 Action Item Matrix for monthly meetings (Excel format) Task 2 – Construction Documents, Specifications, and Estimate (PS&E) (75% and 100%) Task 2.1 – Field Walk
The Consultant will schedule and attend one (1) field walk with City staff to review the project location and to observe readily visible existing conditions and facilities.

September 2, 2022
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Task 2.2 – Construction Plans
Based on the final 30% Preliminary Engineering design, the Consultant will prepare 75% and 100% (mylar) construction documents for City review and comment. The design will be based on the following standards: City of Lake Elsinore Design Standards, Riverside County Regional Standards, and the 2014 California Manual on Uniform Traffic Control Devices (CA-MUTCD). The design will consist of the following sheets:
 Cover Sheet, (1 Sheet)
 General Notes Sheet, (1 Sheet)
 Construction Details, (2 Sheets)
 Trail Plan and Profile, 1” = 40’ Scale (9 Sheets)
 Utility Protection / Relocation Plan, 1” = 80’ Scale (2 Sheets)  Landscape Notes and Details, (2 Sheets)
 Landscape Plans, 1” = 40’ scale (4 Sheets)
 Temporary Irrigation Notes and Details, (2 Sheets)
 Temporary Irrigation Plans, 1” = 40’ scale (4 Sheets)  Fencing and Signage Notes and Details, (2 Sheets)
 Fencing and Signage Plan, 1” = 40’ scale (4 Sheets)
 Wayfinding Notes and Details, (2 Sheets)
 Structural Engineering Notes and Details, (2 Sheets)
 Construction Access and Fencing Plan (2 Sheets)
 Trail Cross Sections (taken at approximate 100’ intervals), 1” = 40’ horiz | 1” = 8’ vert, (4 Sheets) It is assumed that the Construction Plans will be permitted only through the City of Lake Elsinore and the Elsinore Valley Municipal Water District (EVMWD). Environmental resource agency permitting will be performed as part of Task 6.

Additional information for select plan sheet types are as follows:

Structural Engineering Notes and Details
Structural engineering notes, details, and supporting calculations will be prepared for the following items:
abutment foundations for the prefabricated bridge (assumed pedestrian and light vehicular loading), retaining wall, vehicle access gate foundations, wood fencing foundations, signage poles and foundations, and kiosk foundation. The structural design will be based on the 2019 California Building Code. It is assumed that only the design intent for the vehicle access gate, wood fencing, and kiosk will be shown on the Construction Plans, and that these project elements will require deferred submittals prepared by the Contractor.

Construction Access and Construction Fencing Plan
CRA will prepare a Construction Access and Construction Fencing Plan to identify allowable construction accessways (assumed to be a combination of the Levee Trail, Stoneman Street, and Skylark Drive) and storage and laydown areas for the Contractor. The plan will be prepared at a large scale (1”=200’ for example) over Near-map aerial imagery and will portray the proposed trail alignment along with general notes and callouts regarding how/when the Contractor may access the construction zone. The plan will also provide general information regarding construction fencing requirements near sensitive habitats. It is assumed that the Contractor will be required to prepare detailed traffic control plans for review and approval by the City prior to construction.

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Task 2.3 Drainage Report
A Drainage Report will be prepared for the project to analyze and size the proposed drainage infrastructure. The drainage report will include the following sections: Introduction, methodology, hydrologic and hydraulic analysis, and conclusions/recommendations. The report will be prepared in accordance with the City’s standard for the preparation of drainage studies in effect at the time of execution of this contract. Although the project is expected to result in an increase in impervious area and an associated increase in peak flow rate, mitigation (detention) is assumed to be unwarranted since the project drains directly to the back basin and portions of the project are within the floodplain.

Task 2.4– Opinion of Probable Construction Cost (OPCC)
The Consultant will prepare an OPCC as part of each PS&E submittal. The OPCC will be presented to show the proposed bid items, unit prices, contingencies, and an overall cost.

Task 2.5 – Technical Special Provisions
The Consultant will prepare Technical Special Provisions as part of each PS&E submittal. The Technical Special Provisions will be prepared in 2021 “Greenbook” format. The Consultant will also utilize City provided special provisions as necessary. Additional source documents may be used by the Consultant for project features not covered by the City special provisions or Greenbook. It is assumed the City will prepare the Upfront Special Provisions and provide a template for the Technical Special Provisions.

Task 2.6 – Geotechnical Investigation
The Consultant will perform site exploration by advancing up to four (4) exploratory borings along the trail alignment. It is anticipated that two (2) borings, to a depth of 25 feet, will be made in the vicinity of the proposed retaining wall, and one (1) boring, to a depth of 50 feet, will be made on each side of the proposed bridge. The borings will be drilled with truck-mounted hollow-stem auger drilling equipment to the target depths or to practical refusal, whichever is first encountered.

Representative soil samples will be collected for laboratory analysis. Laboratory analysis is anticipated to include unit weight, moisture content, sieve analysis, plastic index, consolidation, direct shear strength, maximum density, optimum moisture content, corrosivity, and R-value.

Based on the field exploration and laboratory analysis, a draft and final Geotechnical Investigation report will be prepared. The report will include the following: site geology, surface conditions, subsurface conditions, groundwater, seismicity and seismic hazards, scour, corrosion, foundations, retaining wall, embankment fills, temporary slopes and excavations, lateral earth pressure, and general grading and earthwork.

It is assumed that no encroachment permit(s) or fees will be required to perform the field exploration, and that adequate site access will be provided by the City.

It is further assumed that the geotechnical exploration will not occur during the avian breeding season (January 15th through September 15th) and will occur in non-sensitive areas that do not require additional environmental permitting and resource agency coordination. As such, no pre-construction nesting bird surveys and/or biological monitoring are included. Similarly, it is assumed that no archeological and/or Native American monitoring during the geotechnical exploration will be required.

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Task 2 – Deliverables:
 Construction Plans (24”x36”) (PDF format)
 Draft and Final Drainage Report (PDF format)
 OPCC (PDF format)
 Technical Specifications (Word format)
 Draft and Final Geotechnical Report (PDF format)
Task 3 – Transportation Project Guidance Document
CRA will prepare a Transportation Project Guidance Document in accordance with the Riverside County Santa Ana Region MS4 Permit. The report will document the implementation of LID principles and BMPs to the extent practicable. It is assumed this project will be considered Category 4 since it is a new Class I bikeway.

Task 3 – Deliverables:
 Draft and Final Transportation Guidance Document (PDF format) Task 4 – Agency and Utility Coordination
Task 4.1 – Coordination with Agencies and Utilities
The Consultant will submit the 75% and 100% plans developed under Task 2 for conflict check to the utility providers located in the project area. These are assumed to be: EVMWD, Crown Castle, SoCal Edison, Frontier Communications, Spectrum, and SoCal Gas. The Consultant will attend up to three (3) virtual meetings with utility provider staff to coordinate the conflict review(s). It is assumed that any required utility relocations will be shown on a Utility Relocation Plan sheet within the construction documents developed under Task 2. It is assumed that utility impacts will be limited to one (1) EVMWD fire hydrant relocation and EVWMD sanitary sewer manhole adjustments to grade.

Task 4.2 – Utility Certifications
The Consultant will prepare a Caltrans Utility Certification Liability Package for the project. It is anticipated that this package will include Notice to Owners, Utility Agreements (if necessary), Utility Relocation Plans (if necessary), and Reports of Investigation.

Task 4 - Deliverables:
 Caltrans Utility Certification Liability Package
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Task 5 – Right-of-Way Support
The Consultant will provide the City with right-of-way support services to assist in securing right-of-way actions from these four (4) properties.

APN Owner Full or Partial Acquisition TCE
371-100-020 Phyllis L Partial Yes
371-100-003 Tsun Full No
370-120-001 NP Lake Elsinore Commerce, LLC Partial Yes
370-120-063 Recently sold by Prebble Partial Yes
It is understood that the trail will not be located within the EVMWD sanitary sewer easement between Stoneman Street and Skylark Drive.

Task 5.1 – Property Owner Outreach (Project Introduction Letters) The Consultant will prepare a “Project Introduction Letter” based on a provided City template for each of the four (4) affected properties. The draft letters will be provided to the City for review and comment.

The Consultant will mail the final version of each letter to each of the affected properties.

Task 5.2 –Legal Description, Plat Maps, and Title Reports The Consultant will prepare up to four (4) plat map and legal descriptions to support the proposed right- of-way acquisitions. The Consultant will obtain preliminary title reports for each of the four (4) affected properties. The Consultant will review these documents to verify ownership and identify incumbrances.

Prior to preparing the plat maps and legal descriptions, the Consultant will prepare up to one (1) revision to the previously prepared private property acquisition maps for City review and approval.

Task 5.3 – Appraisal Coordination
The Consultant will prepare estimates and opinions of value for the affected properties and will prepare one (1) appraisal report for each. The appraisals will conform to the Uniform Standards of Professional Appraisal Practice (USPAP), the Appraisal Institute’s Code of Ethics, and federal policies and regulations, where applicable. Additionally, the Consultant will coordinate with a third-party appraiser to complete an independent appraisal review.

Assumptions:
 Appraisals will not be required for the EVMWD sanitary sewer easement.  Appraisal summary statements will be provided for each appraisal.  Appraisals will only evaluate land value and assumes no damages to property improvements.  It is assumed that Phase II Site Assessments will not be required.  It is assumed that the appraisal reviews will not be conducted as desk reviews.

Task 5.4 – Offer Package Preparation and Property Rights Acquisitions/Negotiations The Consultant will perform acquisition negotiation services to acquire rights to the four (4) impacted properties. The Consultant will assist the City in developing right-of-way documents in accordance with the City’s right-of-way procedures manual. The Consultant will draft the acquisition documents using City-approved forms for pre-acquisition review prior to offers being made to the property owners. It is assumed each negotiation will start with an in-person presentation of the purchase offer, if feasible.

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The Consultant will make note of communicated property owner issues, concerns, and differences, and will document that information in the individual parcel negotiation diary. The Consultant will work with City staff throughout the negotiation process until settlement is reached.

As part of this task, the Consultant will:
 Prepare offer letters, summary statements, and a list of compensable items, in accordance with state or federal regulations.
 Present a written purchase offer to each owner or their representative.  Communicate and negotiate with each property owner.
 Prepare and assemble acquisition contracts, deeds, and related acquisition documents required for the acquisition of the necessary property interests.  Prepare impasse letters, as needed.
 Provide the necessary documents and diary logs for litigation support in the event an acquisition is unable to be settled via voluntary means.
 Transmit closed acquisition documents to the City.

The Consultant will perform quality assurance to ensure that the acquisition files adhere to local, state, and federal laws and regulations, as well as being compliant with federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) requirements.

Assumptions:
 The four (4) affected properties will be acquired within twelve months from notice to proceed.  Relocation assistance will not be required and would only be provided as an additional service.  Eminent domain support assumes that impasse letters, copies, and owner files and diaries will be provided to the City’s attorney. Additional eminent domain services, including but not limited to deposition, court testimony, and providing expert witness services will not be required and would only be provided as an additional service.

Task 5.5 – Escrow Coordination (Optional Scope)
If authorized by the City, the Consultant will assist with obtaining signatures on agreement documents and process property owner payments through the City for closings. Once the acquisition agreement(s) signatures are obtained from the property owner and the City, the Consultant will open escrow with the City’s preferred escrow company. The Consultant will oversee escrow instructions and will deliver them to the City for approval. The Consultant will coordinate payment between the Grantor, City, and the Escrow Company. Additionally, the Consultant will assist in obtaining signatures on other necessary documentation such as grant deeds and temporary construction easement deeds to convey title.

Task 5.6 – Caltrans Right-of-Way Certification
The Consultant will assist the City in obtaining right-of-way approval or certification documenting that real property interests have been secured and that the right-of-way activities were conducted in accordance with the applicable policies and procedures. During this process, the Consultant will coordinate and attend certification planning activities, and meet with the City and project stakeholders to determine project requirements. The Consultant will prepare the Caltrans certification submittal package that will contain the certification form and the necessary completed backup documents. This is assumed to generally include deeds, resolutions of necessity, final orders of condemnation, access DocuSign Envelope ID: 91A88BF1-DF5A-43DD-A8CD-007A0D54C5D7

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agreements, cooperative agreements and permits and utility documents. The Consultant will evaluate right-of-way process for correctness and consistency following the Caltrans review check-off.

Task 5 – Deliverables (for the four (4) affected properties):
 Project introduction letters (mailed to each owner).
 Preliminary title reports (PDF format).
 Plat and legal descriptions (PDF format).
 Appraisal reports and independent appraisal review reports (PDF format).  Acquisition offer document packages (PDF format).
 Acquisition documents (PDF format).
 Administration settlement memorandums, as applicable (PDF format).  Impasse letters, where applicable (PDF format).
 Escrow documentation (PDF format).
 Final title policy (PDF format).
 Caltrans certification forms and documents (PDF format).

Task 6 – Environmental Support
Task 6.1 – Compensatory Mitigation Support
The Consultant will assist the City in mitigation planning and implementation. It is assumed that compensatory mitigation will solely include the purchase of off-site mitigation credits from the Riverpark Mitigation Bank or alternative agency-approved bank. Under this task the Consultant will assist the City, as requested and to the extent budgeted, during continued mitigation negotiations with the regulatory permitting agencies (U.S. Army Corps of Engineers [USACE], Regional Water Quality Control Board [RWQCB], and California Department of Fish and Wildlife [CDFW], collectively).

Task 6.2 – Fencing and Signage Plans
As part of the Construction Plans developed under Task 2.2, the Consultant will prepare Fencing and Signage Plans as follows:

Fencing and Signage Plan / Fencing and Signage Notes and Details The Consultant will prepare a fencing and signage plan, and associated details, to depict the location and materiality of the proposed wood fencing, gates, environmental signage, anti-littering signage, wayfinding signage, and kiosks. It is assumed the kiosk will include an orientation map and interpretive signage and the environmental and anti-littering signage will be consistent with the proposed wayfinding signage design described below.

Prior to preparing the construction details, conceptual illustrations for the kiosk and signs, and a material selection board for the fence and gates, will be prepared for City review. The conceptual illustrations and material selection board will be typical for the purpose of establishing a comprehensive approval for the aesthetic and materials of these elements. One (1) concept illustration will be created for the kiosk and each sign type. It is assumed that revisions to the conceptual illustrations will be incorporated into the 75% Construction Plans, and that a preferred fence and gate type will be selected prior to beginning the 75% design.

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Based on the approved conceptual illustrations, the kiosk and signage construction details will depict the following information: message schedule, control dimensions, materials, finishes, typestyles, color specifications, and elevations (where appropriate). Copy layouts, camera-ready artwork/patterns, sections, and other information is assumed to be provided by the sign fabricator as part of the shop drawing submittal.

Wayfinding Notes and Details
The Consultant will prepare notes, details, and messaging for the proposed wayfinding signage. It is assumed the wayfinding signs will be developed in accordance with the design intent portrayed in the ActiveLE Plan.

Prior to preparing the construction details, conceptual illustrations of the wayfinding signage will be prepared for City review. It is assumed the wayfinding signage types will include: confirmation signs, turn / off-trail signs, and decision signs. The conceptual illustrations will be typical for the purpose of establishing a comprehensive approval for the aesthetic and materials of the wayfinding signs. One (1) concept illustration will be created for each wayfinding sign type. It is assumed that revisions to the conceptual illustrations will be incorporated into the 75% Construction Plans.

The wayfinding construction details will depict the following information: message schedule, control dimensions, materials, finishes, typestyles, color specifications, and elevations (where appropriate). Copy layouts, camera-ready artwork/patterns, sections, and other information is assumed to be provided by the sign fabricator/Contractor as part of the shop drawing submittal.

Task 6.3 – Paleontological Resource Surveys
As a subconsultant to Helix, Material Culture Consulting (MCC) will perform research to determine the paleontological and geological context of the project area, including reviews of available published geologic maps, scientific literature, and online paleontological databases. Additionally, a paleontological records search will be requested from the Western Science Center to identify known fossil localities within the project boundaries, and localities from similar deposits within a one-mile radius. MCC will conduct a paleontological field survey of the project site, which is assumed to be completed by one paleontologist in one eight-hour day.

This background research will be used to determine the paleontological potential of the geologic units within the project area, including those that may be encountered in the subsurface. The project area will be mapped onto high-resolution geologic maps available and overlain with the paleontological potential rankings for ease of reference. The results of the paleontological study will be compiled in a memorandum that complies with applicable local and state regulations. The paleontological memorandum will include recommendations for further paleontological tasks, if any, which would be performed as an additional service.

Task 6.4 – Paleontological Resources Monitoring and Treatment Plan Prior to the commencement of project-related ground-disturbance, MCC will prepare a Paleontological Resources Impact Mitigation Program (PRIMP) to guide paleontological monitoring efforts. The PRIMP will also include an inadvertent discovery protocol that will provide a framework for the treatment of inadvertent discovery of paleontological resources during construction.

DocuSign Envelope ID: 91A88BF1-DF5A-43DD-A8CD-007A0D54C5D7

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Task 6.5 – MHSCP and DBESP Updates
It is understood that between Stoneman Street and Skylark Drive the trail will no longer be located within the EVMWD sanitary sewer easement, and will instead run immediately north of, and adjacent to, the easement; within an area that was previously studied during the PA/ED phase. As such, the Consultant will update the project’s: Multiple Species Habitat Conservation Plan (MHSCP), Biological Technical Report, and Determination of Biologically Equivalent or Superior Preservation (DBESP) documents, as applicable. The revised documents will be routed to City staff for one (1) round of revision prior to submitting to the resource agencies as part of the environmental permitting package. It is anticipated that this revised trail alignment will encroach into additional sensitive resources (smooth tarplant and riparian habitats). Updates to these documents based on criteria other than the trail re- alignment as stated above is not included in this task. Re-validation of existing conditions or field survey to document areas beyond the previously studied area is not included in this task.

Task 6.6 – Final MND Addendum 1
To document the new trail alignment between Stoneman Street and Skylark Drive and the associated updates to the project’s mitigation measures, the Consultant will prepare an administrative Addendum to the Final Mitigated Negative Declaration (MND) that was developed during the PA/ED phase. A draft administrative Addendum will be routed to City staff for one (1) round of review prior to finalizing. Upon finalizing, the Consultant will assist the City with processing the administrative Addendum. It is understood that a public review period is not required.

Task 6.7 – Regulatory Permits
The Consultant will provide support to the City for the preparation of permit application packages and processing the required permits with the regulatory agencies, as follows. It is assumed that the no new field surveys or validations will be required.

Prior to submittal to the USACE, RWQCB, and CDFW, the Consultant will submit an electronic copy of the draft permit application materials to the City for review. The Consultant will revise the draft permit application materials based on one (1) set of consolidated comments provided by the City. The Consultant will then finalize the permit application materials and submit electronic copies of the final permit application materials to the appropriate regulatory agencies.

Aquatic Resource Delineation Report
The Consultant will prepare an aquatic resource delineation report (ARDR) for the project based on the field data obtained by the Consultant in 2020 and 2021. The ARDR will be prepared in conformance with current regulatory standards in reporting on existing waters of the U.S. subject to the regulatory jurisdiction of the USACE pursuant to Clean Water Act Section 404, waters of the State subject to the regulatory jurisdiction of the RWQCB pursuant to CWA Section 401 and State Porter-Cologne Water Quality Act (Porter-Cologne), streambed and riparian habitat subject to the regulatory jurisdiction of the CDFW pursuant to California Fish and Game Code (CFG Code) Sections 1600 et seq. The report will describe the delineation methods, existing agency jurisdiction, and applicable regulations.

DocuSign Envelope ID: 91A88BF1-DF5A-43DD-A8CD-007A0D54C5D7

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Agency Pre-Application Meeting and Liaison
As requested and to the extent budgeted, the Consultant will assist the Client in coordinating and attending up to three (3) pre-filing meetings with the USACE, CDFW, and/or RWQCB to discuss the project, present the jurisdictional delineation findings, and establish the course for project permitting.

Clean Water Act Section 404 Nationwide Permit
Based on the PA/ED design, it is assumed that the project will qualify for the preparation and submittal of a Request for Nationwide Permit 14 (Linear Transportation Projects) Verification package to the USACE. The Consultant will prepare the following draft materials as part of the 404 permit: cover letter, Pre-Construction Notification, and additional pages. The Consultant also will submit the ARDR and previously-prepared documentation addressing Endangered Species Act compliance (e.g., MSHCP Consistency Report, etc.), National Historic Preservation Act Section 106 compliance (e.g., Cultural Resources Technical Report, Historical Resources Technical Report, etc.), California Environmental Quality Act (CEQA) documentation, and a description of the project.

CWA Section 401 Request for Water Quality Certification Based on the PA/ED design, it is assumed that the project will require the preparation and submittal of a Request for Clean Water Act 401 Water Quality Certification application to the RWQCB for impacts to waters of the State. Any isolated waters of the State subject to Waste Discharge Requirements pursuant to the State Porter-Cologne Water Quality Control Act are assumed to also be incorporated into the 401 Water Quality Certification. Issuance of a 401 certification by the RWQCB or demonstration that the RWQCB did not take action on the certification request is a material part of fulfilling the conditions of the CWA Section 404 Nationwide Permit.

According to the new regulatory procedures by the RWQCB, the permitting efforts also will require an alternatives analysis relative to the spatial and functional impact of the project. Based on the PA/ED design, the Consultant anticipates the project would be considered a Tier I or Tier II project, which requires on-site evaluations of avoidance, minimization, and impact alternatives. The Consultant will prepare the following draft materials as part of the 401 request: cover letter, Request for Water Quality Certification application form, ARDR, and a Tier I or Tier II alternatives analysis. The Consultant will also submit the project’s CEQA documentation, Transportation Project Guidance Document (Water Quality Management Plan), Drainage Report (as applicable), project description, and the plans for permanent Best Management Practices. The Consultant assumes that the City is responsible for the required application and other fees necessary for submittal to the RWQCB.

California Fish and Game Code Section 1602 Notification of Lake or Streambed Alteration Based on the PA/ED design, it is assumed that the project will require the preparation and submittal of a Standard 5-year Section 1602 Streambed Alteration Agreement request to the CDFW for impacts to jurisdictional streambed and/or riparian habitat. The Consultant will prepare the following draft materials as part of the 1602 agreement request: cover letter, Notification of Lake or Streambed Alteration application form, ARDR, and DBESP. The Consultant will also submit the project’s CEQA documentation, which will be required by the CDFW before the 1602 agreement can be issued. A DocuSign Envelope ID: 91A88BF1-DF5A-43DD-A8CD-007A0D54C5D7

Page 11 of 12 ends

standard application fee is also required by the CDFW. It is assumed that the City is responsible for the required application and other fees necessary for submittal to the CDFW.

Regulatory Permit Processing
Once permit applications are submitted to the appropriate regulatory agencies, as requested and to the extent budgeted, the Consultant will provide support to the City during agency processing of permit application materials. It is assumed that the City will elect the Consultant to serve as the primary point of contact for the regulatory agencies and will lead coordination efforts. Specific support tasks expected to be provided by the Consultant include performing outreach to the agencies via phone and e-mail correspondence; coordinating with the City and project team regarding additional information needs during permit processing; and preparing additional information in response to agency comments.

Task 6.8 – Graphic Simulations
To support the environmental regulatory permitting, the Consultant will prepare one (1) photo simulation of the trail and one (1) plan view illustration of the trail. The location of each graphic will be coordinated with the City prior to commencement. It is assumed that prior to the graphics being submitted to the resource agencies that one (1) round of revisions based on City comments will be performed. It is also assumed that one (1) round of revisions to the graphics based on resource agency review will be performed.

Task 6.9 – Environmental Re-Validation and Update(s) to Mitigation, Monitoring, and Reporting Program (MMRP)
As part of the project’s PA/ED phase, the City adopted a Final Initial Study/Mitigated Negative Declaration (IS/MND) and a Mitigation Monitoring and Reporting Program (MMRP) in compliance with the California Environmental Quality Act (CEQA). Unless otherwise stated in the Scope of Services, it is assumed that preparation of subsequent CEQA documentation for the project will not be required.

During the PS&E phase the Consultant will review and evaluate the project design refinements to 1) confirm/re-validate that the conclusions and mitigation measures, as identified in the adopted Final IS/MND and MMRP, remain applicable, and 2) determine whether the potential exists for the project to result in any new significant environmental effects or substantially increase the severity of previously identified significant effects. The Consultant will prepare a brief CEQA re-validation memorandum summarizing the results of this review as part of the administrative Addendum described in Task 6.6.

If required, the Consultant will update the MMRP to reflect the changes made to the mitigation measures identified in the adopted Final IS/MND and MMRP due to design refinements and/or specific requirements contained in the regulatory permits to be obtained for the project (as part of Task 6.7).

The updated MMRP will be revised one (1) time before being finalized.

Task 6 – Deliverables:
 Draft and Final Paleontological Resource Assessment memorandum (MS Word and PDF formats)  Draft and Final PRIMP (MS Word and PDF formats)
 Draft and Final ARDR (MS Word and PDF formats)
DocuSign Envelope ID: 91A88BF1-DF5A-43DD-A8CD-007A0D54C5D7

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 Draft and Final MHSCP and DBESP (PDF format)
 Draft and Final MND administrative Addendum (PDF format)  Graphic Simulations (PDF format)
 Draft and Final permit application packages (PDF format)  Draft and Final CEQA Re-validation memorandum (MS Word and PDF formats)  Draft and Final MMRP, if required (MS Word and PDF formats) Additional Services
Any services not specifically described in the above scope, as well as any changes in the scope the Client requests, will be considered Additional Services and will be performed at our then-current hourly rates.

Prior to commencing the Additional Services, Consultant shall obtain prior written approval from the Client. Additional services we can provide include, but are not limited to, the following:
 Attendance at additional meetings beyond those identified in the Scope of Services.  Providing any other services not expressly included in the Scope of Services.  SWPPP or Water Pollution Control Plan.
 Erosion Control plans.
 Traffic Control plans.
 Visual renderings beyond those identified in the Scope of Services.  Permanent irrigation design.
 Construction Plans beyond those identified in the Scope of Services.  Lighting and electrical design.
 Franchise utility studies and/or design.
 Water or sanitary sewer design beyond one (1) temporary irrigation water service, one (1) fire hydrant relocation, and adjusting sanitary sewer manholes to grade.  Custom bridge design.
 Utility potholing.
 Preparation of technical studies not included in the Scope of Services.  Bid and Construction Services.
 Hazardous and remediation services.
 Phase II Site Assessments.
 Environmental study or analysis beyond those identified in the Scope of Services.  Cultural Resources Monitoring Plan (mitigation measure CUL-2).  Environmental field studies.
 Payment of any fees.

Information Provided By Client
We shall be entitled to rely on the completeness and accuracy of information provided by the Client.

The Client shall provide information requested by CR Associates during the project.

Project Schedule
We will provide our services as expeditiously as practicable to meet a mutually agreed upon schedule.

Compensation
Chen Ryan will perform the scope of services outlined above on a lump sum basis in accordance with the Fee Schedule.

DocuSign Envelope ID: 91A88BF1-DF5A-43DD-A8CD-007A0D54C5D7 Senior Project Principal Principal Senior Senior Project Senior Utility Professional Manager Professional Analyst II Analyst I Support President Assoc Sr PM Sr Designer Designer Biologist Planner Prof Scientist Tech Manager R/W Agent R/W Agent Coordinator Controller Task Description $296.92 $247.43 $179.80 $138.56 $117.12 $90.00 $227.82 $149.24 $110.26 $96.47 $90.79 $338.51 $242.65 $227.10 $154.56 $127.88 $168.12 $121.90 $88.27 $98.06 $138.72 Task 1 - Project Management and Meetings 6 68 38 20 0 0 4 10 0 0 0 6 6 0 8 0 0 0 0 12 0 -$ 36,514.20$

1.1 Kick-off Meeting 2 2 2 2 2 2 2 -$ 3,048.02$

1.2 Monthly Meetings (12 Months) 12 18 2 8 4 4 8 12 -$ 12,592.96$

1.3 Schedule and Progress Reports 6 -$ 1,484.58$

1.4 Presentation to PC and CC (Up to 2 Total) 12 6 6 -$ 4,879.32$

1.5 Project Management 6 36 12 12 -$ 14,509.32$
Task 2 - Plans, Specifications, and Estimate - 75% and 100% 22 120 168 230 78 24 18 40 40 138 161 2 0 4 0 0 0 0 0 0 0 $ 46,710.00 200,300.63$

2.1 Field Walk 8 8 8 8 -$ 6,434.32$

2.2 Construction Plans 16 82 110 144 78 10 28 40 126 161 20,535.00$ AARK 132,080.71$

2.3 Drainage Report 2 10 32 54 24 -$ 18,463.98$

2.4 Opinion of Probable Construction Cost 2 4 6 24 4 12 -$ 7,742.40$

2.5 Technical Special Provisions 2 12 8 4 -$ 5,555.64$

2.6 Geotechnical Investigation 4 4 4 2 4 26,175.00$ Inland 30,023.58$ Task 3 - Transportation Project Guidance Document 2 8 12 22 0 6 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $ - 8,319.20$

3.1 Transportation Project Guidance Document 2 8 12 22 6 -$ 8,319.20$ Task 4 - Agency and Utility Coordination 0 26 16 10 14 0 0 4 0 0 0 0 0 0 0 0 8 0 0 40 0 $ - 18,199.58$

4.1 Coordination with Agencies and Utilities 16 8 6 10 4 4 24 -$ 11,022.72$

4.2 Utility Certification 10 8 4 4 4 16 -$ 7,176.86$
Task 5 - Right-of-Way Support 0 30 28 24 0 0 0 0 0 0 0 0 0 0 0 0 58 96 126 0 5 $ 18,030.00 67,081.72$

5.1 Property Owner Outreach (Project Introduction Letters) 4 2 4 2 8 -$ 3,215.00$

5.2 Legal Description, Plat Maps, and Title Reports 4 6 4 4 8 18,030.00$ Geocentric 22,300.44$

5.3 Appraisal Coordination 6 6 4 4 4 4 -$ 4,630.78$

5.4 Offer Package Preparation and Property Rights Acquisitions/Negoatations 6 6 4 44 60 90 5 -$ 26,466.80$

5.5 Escrow Coordination (Optional Scope) 4 2 4 2 4 20 -$ 4,492.80$

5.6 Caltrans Right-of-Way Certification 6 6 4 2 12 12 -$ 5,975.90$ Task 6 - Environmental Support 0 66 68 62 12 2 2 4 10 20 20 88 36 204 182 112 0 0 0 0 0 $ 34,790.00 206,728.50$

6.1 Compensatory Mitigation Support 8 6 4 36 -$ 15,798.84$

6.2 Fencing and Signage Plans 6 6 12 12 2 2 25,550.00$ Graphic Solutions 32,312.76$

6.3 Paleontological Resource Surveys 8 4 4 4 2 6,775.00$ Material Culture Consulting 11,452.68$

6.4 Paleontological Resources Monitoring and Treatment Plan 8 4 4 4 2 2,465.00$ Material Culture Consulting 7,142.68$

6.5 MHSCP and DBESP Updates 6 6 4 6 30 30 12 -$ 18,133.04$

6.6 Final MND Addendum 1 4 2 2 4 46 -$ 8,879.42$

6.7 Regulatory Permits 12 30 18 40 168 150 50 -$ 92,128.44$

6.8 Graphic Simulations 6 6 12 2 2 4 10 20 20 -$ 10,306.50$

6.9 Environmental Re-Validation and Update(s) to Mitigation, Monitoring, and Reporting Program (MMRP) 8 4 4 2 24 2 4 -$ 10,574.14$
Expenses $ 7,000.00 $ 1,000.00 $ 20,800.00 28,800.00$ All Tasks Total 30 318 330 368 104 32 24 58 50 158 181 96 42 208 190 112 66 96 126 52 5 $ 99,530.00 $ 565,943.83 Other Sub Cost Sub Name
Epic Land Solutions
Murrieta Creek Trail PS&E
9/2/2022
CR Associates
CR Associates Schmidt Design Group Helix Environmental
Cost
CR Associates
Murrieta Creek Trail PS 9/2/2022
DocuSign Envelope ID: 91A88BF1-DF5A-43DD-A8CD-007A0D54C5D7

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DocuSign Envelope ID: 91A88BF1-DF5A-43DD-A8CD-007A0D54C5D7 DocuSign Envelope ID: 91A88BF1-DF5A-43DD-A8CD-007A0D54C5D7

CITY OF LAKE ELSINORE

TO BE POSTED IN A CONSPICUOUS PLACE
Business Name:

Business Location:

Owner Name(s):

BUSINESS LICENSE NO.

Issue Date:

Description:

Expiration Date:

BUSINESS LICENSE
THIS IS YOUR LICENSE • NOT TRANSFERABLE
3900 5TH AVE STE 310 Business Type:

SAN DIEGO, CA 92103-3112
CHEN RYAN ASSOCIATES, INC.
3900 5TH AVE STE 310
SAN DIEGO, CA 92103-3112
This business license is issued for revenue purposes only and does not grant authorization to operate a business. This business license is issued without verification that the holder is subject to or exempted from licensing by the state, county, federal government, or any other governmental agency.

Administrative Services - Licensing
130 South Main Street, Lake Elsinore, CA 92530
PH (951) 674-3124
CHEN RYAN ASSOCIATES, INC.

MONIQUE CHEN

PROFESSIONAL/ENGINEERS

TRAFFIC ENGINEERING, DESIGN &

TRANSPORTAION PLANNING
024247
9/1/2022 8/31/2023
Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender -based discrimination of business establishments. A full notice is available in English or other languages by going to: https://www.dca.ca.gov/publications/ DocuSign Envelope ID: 91A88BF1-DF5A-43DD-A8CD-007A0D54C5D7 21)
Agreement with Shapiro Property Services, Inc. (DBA Paul Davis Restoration) for On- Call Construction and Repair Services
Approve and authorize the City Manager to execute an agreement with Shapiro Property Services, Inc. (DBA Paul Davis Restoration) in an amount not to exceed $200,000 for On- Call construction and repair services in such final form as approved by the City Attorney.

Page 1 of 2 ends

REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Rick De Santiago, Public Works Manager
Date:August 12, 2025
Subject:Agreement with Shapiro Property Services, Inc. (DBA Paul Davis Restoration) for On-Call Construction and Repair Services Recommendation
Approve and authorize the City Manager to execute an agreement with Shapiro Property Services, Inc. (DBA Paul Davis Restoration) in an amount not to exceed $200,000 for On-Call construction and repair services in such final form as approved by the City Attorney.

Background
On-call contracts enable the City of Lake Elsinore to respond swiftly and efficiently to construction and repair needs through pre-established terms and pricing. These agreements are especially valuable when the City lacks internal resources or faces urgent, unforeseen situations that require immediate attention. On-call and minor construction services are essential for preserving public infrastructure, maintaining city amenities, and ensuring the timely execution of small-scale projects that support the community’s overall functionality and appearance.

Discussion
The selected on-call contractor will be responsible for performing a wide range of repair and minor construction services as needed by the City. Each assigned task will be formally proposed in writing, thoroughly reviewed by city staff, and, if necessary, negotiated to ensure fair pricing and scope of work. No work will proceed without prior written approval. This agreement is essential to ensure the City maintains reliable, flexible support to meet immediate operational needs, respond to urgent infrastructure issues, and carry out minor construction projects that uphold public safety and service continuity.

Shapiro Property Services (DBA Paul Davis Restoration) – On-Call construction services

Page 2 of 2 ends

Fiscal Impact
Funds are budgeted in the Fiscal Year 2025-26 budget.

Attachments
Attachment 1 - Agreement
Exhibit A - Proposal
Public Works

Page 1 ends

AGREEMENT FOR CONTRACTOR SERVICES
Paul Davis Restoration

ON-CALL SERVICES
This Agreement for Contractor Services (On-Call) (the “Agreement”) is made and entered into as of August 12, 2025 by and between the City of Lake Elsinore , a municipal corporation (the “City”) and Paul Davis Restoration , a Corporation (the “Contractor”).

RECITALS
A. The City has determined that it requires the following services:

On-call minor construction and repair services
B. The City has prepared a request for a proposals and Contractor has submitted to City a proposal, dated June 30, 2025, both of which are attached hereto as Exhibit A (collectively, the "Contractor's Proposal") and incorporated herein, to provide services and related work to the City pursuant to the terms of this Agreement.

C. Contractor possesses the skill, experience, ability, background, certification and knowledge to perform the services and related work described in this Agreement on the terms and conditions Agreement.

AGREEMENT

1. Scope of Services. Contractor shall perform the services and related work described in Contractor's Proposal (Exhibit A). Contractor shall provide such services and related work at the time, place, and in the manner specified in Contractor's Proposal (Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. Contractor acknowledges that the Scope of Services provides for 24 hour-a-day, 7 day-a-week, on-call and minor construction support on an as needed basis.

2. Time of Performance .
a. Time of Essence . Time is of the essence in the performance of this Agreement. The time for completion of the services and related work to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the services and related work contemplated pursuant to this Agreement consistent with Contractor 's Proposal (Exhibit A) and shall provide, furnish and pay all labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required to perform such the services and related work.
b. Performance Schedule . Contractor shall commence the services and related work pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services and related work within the time period(s) established in the Contractor's Proposal (Exhibit A). When requested by Contractor , extensions to the time period(s) specified may be approved in writing by the City Manager .

Page 2 ends

c. Term and Compliance with Task/Work Order System. Unless earlier terminated as provided elsewhere in this Agreement , this Agreement shall continue in full force and effect for a period commencing on July 1, 2025 and ending June 30, 2028. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager.

Contractor hereby agrees and acknowledges that any and all work or services performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount of work or services as all work or services shall be authorized through a Task/Work Order issued by the City.

Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

4. Method of Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed . Contractor's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor 's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff.

5. Background Checks . At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Contractor’s personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Contractor’s prospective or then current personnel is deemed objectionable, then the City may notify Contractor of the same.

Contractor shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker.

6. Suspension or Termination.
a. The City may at any time, for any reason , with or without cause, suspend or terminate this Agreement, or any portion hereof , by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease all work under this Agreement , unless the notice provides otherwise . If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this

Page 3 ends

Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein.

7. Plans, Reports, Documents
a. Ownership of Documents . All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public’s rights to documents under the Public Records Act, and any third-party requests of Contractor shall be immediately referred to City, without any other actions by Contractor. b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights , designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data, which were prepared by design professionals other than Contractor or provided, to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. c. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor . Contractor shall not, without the prior written consent of City, use such materials for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor, which is otherwise known to Contractor or is generally known, or has become known , to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia , photographs relating to project for which Contractor's services are rendered , or any publicity pertaining to the Contractor's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

8. Contractor's Books and Records .
a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement.
b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period

Page 4 ends

required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor-in-interest.

Contractor shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner .
b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

10. PERS Eligibility Indemnification . In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

11. Interests of Contractor. Contractor (including principals, associates and management employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor's services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

Page 5 ends

Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor:
a. will conduct research and arrive at conclusions with respect to his/her rendition of information , advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring ; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a) (2).)

12. Ability of Contractor . City has relied upon the training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled personnel to perform all services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent contractors in Contractor 's field of expertise .

13. Compliance with Laws.
a. Contractor shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Contractor and/or its employees, officers, or board members. b. Contractor represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.

14. Licenses . Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature, which are legally required of Contractor to practice its profession . Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession.

Contractor shall maintain a City of Lake Elsinore business license .

15. Indemnity . Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims , suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement , Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

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16. Insurance Requirements .
a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies.
i. Workers' Compensation Coverage . Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California . In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change . The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000 ,000) per occurrence for bodily injury, personal injury and property damage . If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage . Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles , in an amount of not less than one million dollars ($1,000 ,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage . b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language :
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the City,

Page 7 ends

its elected or appointed officers, officials, employees, agents and volunteers . Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers , officials, employees or agents . v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers .
vi. The insurance provided by this Policy shall not be suspended , voided , canceled , or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions . Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions . d. Certificates of Insurance . Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

17. Notices . Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section .

If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to:City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: Paul Davis Restoration
Attn: Eli Shapiro
4110 Tigris Way
Riverside, CA 92503

Page 8 ends

18. Assignment and Subcontracting . The parties recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience and competence of Contractor .

Contractor shall be fully responsible to City for all acts or omissions of any subcontractors .

Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

20. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.

21. Mediation . The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation . The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators . Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute . If the dispute remains unresolved after mediation, either party may commence litigation.

22. Prohibited Interests . Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

23. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination .

24. Prevailing Wages . Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000 , et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Contractor agrees to fully comply with all applicable federal and state labor laws (including , without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the work or services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non- payment of prevailing wages under California law, and Contractor hereby agrees to defend,

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indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.

26. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside.

27. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non-monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.

28. Counterparts. This Agreement may be executed in several counterparts , each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto . In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart .

29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Contractor’s Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Contractor’s Proposal.

30. Amendments . This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney .

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
Paul Davis Restoration, a Corporation

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City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
Assistant City Manager
By: Eli Shapiro
Its: President
Attachments: Exhibit A – Contractor’s Proposal

EXHIBIT A

CONTRACTOR'S PROPOSAL
[ATTACHED]

PAUL DAVIS RESTORATION
2025-2026 RATE AND MATERIALS SCHEDULE (PREVAILING WAGE) Price list valid through 6/30/2026
I. Project Personnel & Labor Provisions
All Management Labor Unit PW Mitigation Labor (subject to OT) Unit Project Coordinator HR $ 155.00 Remediation Supervisor HR $ 152.85 Project Manager HR $ 130.00 Remediation Technician HR $ 124.88 Assistant Project Manager HR $ 75.00 Hazardous Supervisor (Mold/ Cat 3) HR $ 152.85 Estimator HR $ 105.00 Hazardous Technician (Mold/ Cat 3) HR $ 124.88 Consultant HR $ 135.00
Controller or Sr Project Auditor HR $ 95.00 Contents Labor (subject to OT) Unit Rate Administrative Assistant HR $ 45.00 Contents/Inventory/Restoration Supervisor HR $ 152.85 Job Cost Auditor HR $ 60.00 Contents/Inventory/Restoration Technician HR $ 124.88 Health and Safety Officer HR $ 95.00
Reconstruction (subject to OT) Unit
Off-Site General Labor (subject to OT) Unit Rate Supervisor / Project Manager HR $ 148.95 General Labor (Non-Prevailing Wage Work) HR $ 67.00 Reconstruction Technician HR $ 124.88 II. Scheduled Equipment
Logistical Support Unit Equipment Unit
Off-Site Logistical Support (See details above) % Air Mover - Axial / Centrifugal DA $ 35.54 Air Scrubber / Negative Air (Large) DA $ 133.90
Daily Equipment Packages Unit Rate Air Scrubber / Negative Air (XL, 700-2000CFM) DA $ 145.00 Daily Management Equipment Package DA $ 15.45 Dehumidifier - (up to 159ppd) DA $ 133.90 Daily PPE and Small Tools Package DA $ 18.54 Dehumidifier - (160ppd and higher) DA $ 159.65 Flex Duct - 25' Section (12" - 36") DA $ 20.60
Remediation Tools Unit Pump - Trash w/2" Hose DA $ 143.17 Borescope DA $ 57.68 Pump - Trash Diesel w/4" Hose DA $ 211.15 Infrared Camera DA $ 128.75 Water Extraction Unit - Portable DA $ 159.65 Foam Sprayer - Electric DA $ 103.00 Water Extraction Unit - Truck / Trailer Mount DA $ 576.80 Pressure Washer (3500 PSI) DA $ 103.00 Floor Extraction Mat System (<6 mats 100-400 sf) DA $ 185.81 Pressure Washer - Hot DA $ 154.50 Wall Cavity Drying-Inj. Type (Viking system or equiv) DA $ 141.00 Saw - Chain DA $ 46.35 Equipment Decontamination - Small EA $ 26.53 Vacuum - HEPA Backpack DA $ 66.95 Equipment Decontamination - Large EA $ 38.93 Vacuum - Upright Carpet / Shop Vac DA $ 26.27 Air Compressor - Electric DA $ 38.11 Zip Poles (pair) DA $ 25.75 Airless Paint Sprayer DA $ 185.40 Hydroxyl Machine - XL3 (w/o Air Mover) DA $ 206.00 Baker Scaffold (per 6' section) DA $ 35.02 Ozone Generator DA $ 133.90 Dolly / Wheelbarrow DA $ 8.76 Thermal Fogger - Commercial DA $ 111.24 Floor Buffer DA $ 87.55 Thermal Fogger - Electric DA $ 39.14 Floor Maintainer - Walk Behind DA $ 226.60 ULV Fogger DA $ 72.00 Heater, 300K BTU Indirect Diesel w/25’ Duct DA $ 211.15 Insulation Removal Machine DA $ 165.00
Ladder - Step / Extension DA $ 12.36
Mop Buckets (w/wringer) DA $ 7.21
Power Distribution Unit Rate Temporary Lighting - Free Standing / String DA $ 24.72 Generator - 5 KW (triple shift) DA $ 123.60 Tilt / Demo Cart DA $ 36.05 Generator - 20 KW (triple shift) DA $ 350.20
Cable - Spider 2/5 (25' Section) DA $ 25.75 Vehicles Cable - 6/4 SO (25' Section) DA $ 25.75 Job Vehicle - Sedan / SUV Mile $ 0.15 DA $ 0.15 Cable - Generator 4/0 (25' Section) DA $ 36.05 Truck - 1/2-Ton / Standard Mile $ 0.18 DA $ 0.18 Extension cord - power (25' Section) DA $ 25.75 Truck - 1-Ton Mile $ 0.22 DA $ 0.22 Distribution Box (spider box) DA $ 41.20 Truck - 26' Straight / Box Mile $ 0.26 DA $ 0.26 Generator Service/Oil Change (weekly) EA $ 375.95 Truck - Tractor / Semi Mile $ 0.28 DA $ 0.28 Van - 1-Ton Van / 10-Pass. Mile $ 0.22 DA $ 0.22 Van - Box Mile $ 0.27 DA $ 0.27
Fuel will be charged at market rates for all equipment, plus 20% Trailers & Storage
Trailer - 48-53' Enclosed Equipment (>10K GVW) DA $ 160.68 Trailer - Office / Construction DA $ 97.85
Container Box DA $ 56.65
25-30 Yard Dump Trailer Apprx 4-6 Tons of Debris (7 Days) EA $ 810.00 Rate Rate
Rate
Cryo and Dry Ice Blasting is charged at cost + 20% of bid item Generator and power distribution price is subject to change to cost + 20% of bid item Rate Rate
5%
Rate

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PAUL DAVIS RESTORATION
2025-2026 RATE AND MATERIALS SCHEDULE (PREVAILING WAGE) III. Scheduled Materials & Consumables
Consumables - Equipment Unit Consumables Unit Rate
Air Scrubber - HEPA Filter EA $ 231.75 Box - Small w/Paper and Tape EA $ 4.62 Air Scrubber - Pleated Filter EA $ 12.36 Box - Medium w/Paper and Tape EA $ 6.13 Air Scrubber - Pre Filter EA $ 3.09 Box - Wardrobe (or similar) EA $ 33.94 Air Scrubber - Lay-Flat Duct - 20" RL $ 158.21 Box - Picture EA $ 8.44 Dehumidifier - Pleated Filter EA $ 11.74 Bubble Wrap RO $ 70.56 Dehumidifier - Pre Filter EA $ 6.59 Contact Cleaner CAN $ 10.68 HEPA Vacuum - Filter EA $ 144.20 Filter - Deionizer EA $ 71.19 HEPA Vacuum - Bags EA $ 4.64 Furniture Blanket DA $ 3.25 HEPA Vacuum - Bonnets EA $ 5.15 Furniture Blocks EA $ 0.12 Saw Blades - Remediation/Kett EA $ 15.45 Microfiber Cloths CASE $ 21.87 Upright / Shop Vacuum - Bags EA $ 6.13 Parts Bags BX $ 13.60 Insulation - Bags EA $ 24.00 Packing Paper BX $ 3.19 Containment Zipper EA $ 24.72
Chemicals Unit Rate Floor Protection - Ram Board RO $ 100.94 Carpet Cleaner - Fiber Fresh QT $ 13.95 Paint Brush EA $ 13.34 Degreaser - Benefect Atomic GAL $ 57.68 Paint Roller EA $ 11.28 Degreaser - Degrease All GAL $ 21.67 Paint Roller Pan EA $ 6.13 Degreaser - Degrease All E GAL $ 28.23 Soot Sponge EA $ 4.07 Degreaser - Fire Ball Cleaner QT $ 7.46 Sweeping Compounds BX $ 25.97 Deodorizer - Matrix Fresh (Cherry or Lemon) GAL $ 20.69 Rags - Cotton Cloth LB $ 5.15 Deodorizer - Molecule Plus 100 Odor Eliminator QT $ 25.74 Rags - Yellow Furniture (200/case) CASE $ 73.61 Deodorizer - ODORx Granular (or equivalent) QT $ 96.32 Barrier Fence RO $ 78.28 Deodorizer - Thermo 55 Cherry (Electronics Only) GAL $ 66.50 Floor Protection - Carpet Shield 24" x 200' RO $ 121.54 Disinfectant - Benefect Decon 30 GAL $ 50.47 Plastic Sheeting - 1.5 mil 20'x100' (Painters Plastic) RO $ 41.20 Disinfectant - Benefect Botanical GAL $ 57.49 Plastic Sheeting - 4 mil 20' x 100' RO $ 77.25 Disinfectant - Benefect Impact Cleaner GAL $ 43.25 Plastic Sheeting - 6 mil 20' x 100' RO $ 103.00 Drain Cleaner - Alive Liquid Bacteria QT $ 11.11 Shrink Wrap RO $ 18.54 Drain Cleaner - Alive Liquid Bacteria 5-GAL $ 11.11 Sticky Mats (pad of 30 tear-offs) EA $ 63.90 Mold Control - Concrobium GAL $ 32.95 Trash Bags - 4 mil (50-count) BX $ 74.92 Mold Stain Remover - Concrobium (Two part) 6.9-OZ $ 77.24 Tape - Barricade (or equal) RO $ 16.48 Multi Purpose Cleaner (MPC) - Benefect GAL $ 52.98 Tape - Box/Clear (or equal) RO $ 3.09 Glass Cleaner CAN $ 8.24 Tape - Duct (or equal) RO $ 7.21 Isopropyl Alcohol 1-GAL $ 28.11 Tape - Foil RO $ 23.69 Leather Cleaner - Leather New Deep Restorer 19-OZ $ 14.43 Tape - Gorilla / Preservation (or equal) RO $ 16.48 Mold Resistant Coating - Fiber Lock 6000 5-GAL $ 286.37 Tape - Masking / Painters (or equal) RO $ 14.88 Oil Dry (50 lb. bag) EA $ 48.93
Pig Pad Kit EA $ 169.95 PPE Unit Rate
Remover - Goo Gone / Goof Off 8-OZ $ 7.09 Boots - Rubber (pair) PR $ 12.36 Rust Eradicator - Matrix QT $ 9.22 Confined Space Package EA $ 212.18 Stain Remover - Lift Off 19-OZ $ 12.98 Coverall Suit w/Hood & Boots EA $ 12.88 Stainless Steel Cleaner CN $ 7.83 Dust Mask - Disposable Particulate Filtering Facepiece BOX $ 60.77 Stripper - Zinsser DIF Liquid Wallpaper Remover GAL $ 18.48 Fall Protection - Harness & Lanyard (PFP) EA $ 38.11 Wood Cleaner - Murphy's Oil QT $ 3.78 Gloves - Cotton / Leather / Rubber / Rubber Coated EA $ 3.86 Deodorizer - Odor Counteracting Agent GL $ 41.20 Gloves - Nitrile (50 pairs) BOX $ 45.07 Disinfectant - Microban (or equal) GL $ 46.35 Rain Suit EA $ 14.37 Fungicidal Protective Coating - Fosters 40/20 GL $ 82.40 Respirator - Full/Half-Face (PRP) EA $ 30.90 Soot - Degreaser GL $ 36.05 Respirator - Cartridge P-100 (Standard) EA $ 10.89 Soot - Encapsulant GL $ 46.35 Mask N-95 EA $ 2.91
Lubricant - Greaseless LPS1 (11oz) 11OZ $ 21.55
Lubricant - Greaseless LPS1 (5 gallon) 5-GAL $ 201.35
Spray Adhesive CN $ 30.40
Spray Foam - Multipurpose CN $ 30.40
Labor Provisions
Rate
Standard Rate/Hour: The Standard Rate is the hourly rate for work performed during a standard work dy, per the included labor classification. Standard Work Day is defined as Monday Friday 7:00 a.m.-3:30 p.m. All rates are for “open-shop” rates. Any Governmental imposed rates, prevailing wage, union wage, or rates subject to collective bargaining, will be negotiated based on the area and rate schedule for that area. Shift Work is generally negotiated (per project) and can be defined on the actual agreement at the time of execution to align to the "eight-hour rule." Premium Rate/Hour: The Premium Rate/Hour billable as Overtime shall be billed at the rate of one and one half (1.5) times the standard rate per hour for work performed by each person that works in excess of forty (40) hours per week, will be billed at (1.5) times the scheduled hourly rate. If a local authority dictates a different overtime rate or overtime rules, Paul Davis Restoration will abide by that direction and adjust invoicing as required by local regulations. Any work performed on a holiday shall be billed at a factor of two (2.0) times the standard rate/hour or as dictated by a governing authority.Page 2 of 4 Updated 6/30/2025 Effective through June 30, 2026

PAUL DAVIS RESTORATION
2025-2026 RATE AND MATERIALS SCHEDULE (PREVAILING WAGE)

General
Scheduled Rates: All Scheduled Rates are subject to change any changes will be submitted to Client in writing prior to change taking effect. The rates contained in this Schedule are exclusive of all federal, state and local taxes. PDR reserves the right to adjust the pricing of all materials and consumables based on market driven conditions beyond our control.

Taxes and Related Fees: The rates contained in this Schedule are exclusive of all federal, state and local taxes. All taxes applicable to the work being performed will be billed as a separate line item of the invoice. If the client is tax-exempt, they must make Paul Davis Restoration aware of this exemption and provide copies of all such supporting tax-exempt documentation. Any taxes incurred by PDR prior to such notification of a Tax Exempt status, shall be reimbursed to PDR.

Off-Site Logistical Support: Off-site logistical (OSL) support covers costs that are not directly billed as line items within the invoice. These costs include, but are not limited to: labor for management, technicians, administrative support staff, company owned office equipment, administrative supplies, administrative allowances that support field operations (needed both before and after the job start/finish dates,) etc. A three percent (3%) fee is added to PDR's price list items, such as labor, materials, equipment, and vehicles. OSL is not applied to reimbursables expenses, subcontractor invoices, or vendor invoices.

Equipment
Weekly Equipment Rates: If equipment runs for seven consecutive days, equipment will be billed at a discounted, weekly rate of five days out of seven days used each week. If the equipment runs for 30 consecutive days, equipment will be billed at a discounted, monthly rate of 21 out of the thirty days it was used that month.

Daily Management Equipment Package: The daily management equipment package covers each manager's company-issued laptop, cellphone, mobile printer, mobile scanner, mobile hotspot, camera, and radio. These items are not billed individually.

Daily PPE and Small Tools Package: The daily PPE and small tools package covers each worker's required daily PPE and small tools. PPE includes PDR logo'd shirt, reflective vest (if required,) hard hat (if required,) safety glasses, dust masks, and nitrile gloves. Small tools include all non-powered tools with a retail value less than $50.00. As required, supervisors will be issued a radio to communicate with the project management staff.

Materials/Consumables
The scheduled prices shall be charged for all solutions utilized in the performance of the services provided, whether shipped directly, dropped shipped by a third party or locally purchased. The included list represents the more commonly used products. In the event a materials/supplies is specifically purchased for the completion of the work, and that item is not identified in the pricelist, such materials/supplies purchased directly will be billed at cost plus a 20% markup.

Prevailing Wage: Rates for on-site labor have been adjusted to accommodate Prevailing Wages. Rates are subject to change and are based on determinations made by the Director Of Industrial Relations (DIR) pursuant to California Labor Code Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1. Current rates reflect Determination SC-23-102-2-2024-1 Issue Date: August 22, 2024. Current prevailing wage expiration dates June 30, 2026** with adjustments effective July 1, 2025. Prevailing Wage Rates are paid at rates determined by the DIR. Overtime rates apply to all overtime and Saturday labor. Double Time rates apply to all Sunday and Holidays.

Asset Mobilization: Manager and crew travel time will be billed on a “port-to-port basis” (i.e. office/warehouse to jobsite and also jobsite back to office/warehouse).

Travel will be billed at the applicable labor rate per the labor classification. Paul Davis Restoration has assets located throughout the United States and will make every attempt to reduce costs by mobilizing assets closest to the project site. Client is responsible for the mobilization and de-mobilization costs of vehicles, equipment trailers, and other special equipment/assets required for the project. When circumstances beyond our control require personnel and/or equipment to be delayed from beginning/continuing work, the standard rate/hour will be charged, per person or piece of equipment, based on actual time recorded per the daily “Crew Activity Sheet.” All applicable labor associated fees will be applied.

Regional Modifier: Paul Davis Restoration reserves the right to, when working in and around metro areas such as San Francisco, Washington, DC, New York City (including all boroughs), Alaska, and Hawaii, to apply a 25% premium to all labor rates in order to account for increased costs associated with the local economy. This premium is the minimum and is subject to change, and any modifications to the multiplier will be submitted in writing and will become part of this agreement.

Generators: There will be a minimum charge of (1) daily rate plus all costs incurred if power is restored upon arrival or Client cancels generator order. It is also understood that Paul Davis Restoration makes no guarantees on timelines for arrival during a catastrophic event or any other circumstances beyond Paul Davis Restorations’ control. Generator pricing is subject to change by vendor without notification. In the event that pricing is more than line item, the generator will be billed at cost + 20% markup
Unscheduled Equipment: Any equipment ordered by the Client shall be billed at a minimum of one-day-rental, plus, any related charges such as, but not limited to:
labor, freight, taxes, and permits. This charge is applicable, whether equipment is used or not on the project. During the course of work, the company may find it necessary to purchase equipment not scheduled under the “Daily Rate.” In those situations, the Daily Rate shall be an acceptable industry daily rental rate.

Subcontractor/Vendors
Subcontracted Labor: Subcontracted Labor are those outside services provided within the scope of the project, and incurred by Paul Davis Restoration in its execution of the project. Subcontracted Labor will be scheduled based on the published Labor Classification and Hourly Rates listed, plus, all other applicable billable items including, but not limited to: per diem, small tools, vehicles, mileage, lodging, etc. as published in this document and pertaining to this project.

Specialty/Licensed/Reconstruction Trades: Defined as, but not limited to, electrical, plumbing, mechanical, roofers, engineers, architects, and specialty trades, will be billed at presented invoice amount plus a 20% markup.

Vendors: Defined as, but not limited to: supplier, vendor or other entity providing supplies or materials, will be billed at presented invoice amount plus a 20% markup.

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PAUL DAVIS RESTORATION
2025-2026 RATE AND MATERIALS SCHEDULE (PREVAILING WAGE) Reimbursable Items
Travel: Travel costs such as, but not limited to airfare, rental cars, fuel receipts, tolls, and hotels will be billed at presented invoice plus 20% markup. Paul Davis Restoration will bill for per diem (for out-of-town workers) at the published U.S. General Services Administration (GSA) rates per geographic area, per person, per day for each day personnel are assigned and located at the project site, or if the project dictates that days for standby are required.

Vehicle Usage: All vehicles used at or for job performance will be itemized on the invoice and billed per day at the identified rate. Rental fuel receipts will be billed at the presented invoice amount plus a 20% markup. Vehicles invoiced off of this time and materials price list will also bill a fuel surcharge, intended to only cover the cost of the fuel receipts.

Permit and Related Fees: All permits, bonding, and other related fees will be invoiced at the incurred cost plus 20% markup.

Mold / Microbial Growth: Per IICRC S500 Standard and Reference Guide for Professional Water Damage Restoration, in situations where water intrusion has resulted in mold growth, the use of an IEP (Indoor Environmental Professional) should be considered to determine the spread of contaminants and to establish the scope of work. Please note that work performed is based on visual observations, not an IEP, unless protocols have been provided by a testing company. To properly determine the scope of work to be performed and to check for any possible cross-contamination, we recommend that an IEP be utilized to perform testing and provide remediation protocols. IEP services are billed and reimbursable at cost + 20%.

Mold Clearance Testing is required prior to removal of containment to ensure that spore counts are at an acceptable level. Clearance testing should be conducted when mold remediation and cleanup efforts are completed but before containment is removed. Since mold is microscopic, Paul Davis will make every reasonable effort to bring mold spore counts to acceptable levels deemed by an IEP, however should testing indicate that additional cleaning is necessary, additional charges may apply. Should you elect to forego clearance testing, signature on our Waiver of Mold Testing and Release document is required.

Reconstruction and Construction
All construction related repairs are billed at labor plus materials.plus a markup of 10% overhead and 10% profit for general conditions and overhead. Materials pricing is subject to vary on current market fluctuation(s). Rates may also be billed as specified under Specialty/Licenses/Reconstruction Trades listed above.

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22)
Agreement with Precision Concrete Cutting for Concrete Cutting and Sidewalk Survey Services
Approve and authorize the City Manager to execute an On-Call Services Agreement with Precision Concrete Cutting for $175,000 per fiscal year in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $17,500 for unforeseen additional work.

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REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Rick De Santiago, Public Works Manager
Date:August 12, 2025
Subject:Agreement with Precision Concrete Cutting for Concrete Cutting and Sidewalk Survey Services
Recommendation
Approve and authorize the City Manager to execute an On-Call Services Agreement with Precision Concrete Cutting for $175,000 per fiscal year in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $17,500 for unforeseen additional work.

Background
Precision Concrete Cutting provides advanced sidewalk infrastructure surveying. Their system identifies trip hazards, prioritizes repairs, and produces data for proactive asset management.

Trip hazards on sidewalks, caused by uneven concrete surfaces, pose a significant liability risk and impair pedestrian accessibility. Municipalities are required to maintain sidewalks that comply with ADA standards, ensuring safe passage for all individuals, including those with disabilities.

Efficient and cost-effective repair solutions are vital for public safety, risk mitigation, and regulatory compliance. Precision Concrete Cutting utilizes a patented cutting process that removes vertical surface deviations, resulting in a safe, attractive finish.

Discussion
As a member of the California Joint Powers Insurance Authority (JPIA), Precision Concrete Cutting is equipped to provide these essential services under a master services agreement. The sidewalk program managed through this agreement ensures efficient inspection, maintenance, and repair of sidewalks throughout the city. By leveraging the collective bargaining power of the authority, this master services agreement offers favorable pricing, resulting in significant cost savings for the city compared to individual member agreements for similar services.

Precision Concrete Cutting Agreement

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Waive of Competitive Bidding Procedures
Under Section 3.08.070(C) of the Municipal Code, the Authority hereby waives the competitive bidding procedures for the procurement of sidewalk inspection and maintenance services based on the establishment of a master services agreement with Precision Concrete Cutting, which was negotiated to provide favorable pricing and comprehensive services to the Authority members.

Therefore, staff recommends that the City Council waive further competitive bidding and authorize the City Manager to execute an agreement with Precision Concrete Cutting as outlined in this agenda report and compliance with Municipal Code Section 3.08.070(C).

Fiscal Impact
Funds are available in the City’s FY25-26 Sidewalk Survey Program Capital Improvement Program.

Attachments
Attachment 1 - Agreement
Exhibit A - Rate Schedule
Exhibit B - JPIA Master Service Agreement
Public Works

Page 1 ends

AGREEMENT FOR CONTRACTOR SERVICES
Precision Concrete Cutting
Concrete Cutting and Sidewalk Survey Services
This Agreement for Contractor Services (the “Agreement”) is made and entered into as of August 12, 2025, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Precision Concrete Cutting, a Corporation ("Contractor").

RECITALS
A. The City has determined that it requires the following Contractor services:

Concrete Cutting and Sidewalk Survey Services.

B. Contractor has submitted to City a proposal, dated July 1, 2025, attached hereto as Exhibit A (“Contractor’s Proposal”) and incorporated herein, to provide contractor services to City pursuant to the terms of this Agreement.

C. Contractor possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein.

D. City desires to retain Contractor to perform the services as provided herein and Contractor desires to provide such contractor services as set forth in this Agreement.

AGREEMENT

1. Scope of Services. Contractor shall perform the services described in Contractor’s Proposal (Exhibit A). Contractor shall provide such services at the time, place, and in the manner specified in Contractor’s Proposal, subject to the direction of the City through its staff that it may provide from time to time.

2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the contractor services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the contractor services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Contractor’s Proposal (Exhibit A). b. Performance Schedule. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Contractor’s Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified may be approved in writing by the City Manager.
c. Term and Compliance with Task/Work Order System. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force

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and effect for a period commencing on July 1, 2025 and ending June 30, 2028. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager.

3. Compensation. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's annual compensation exceed One Hundred Seventy-Five Thousand dollars ($175,000) without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

4. Method of Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor’s bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff.

5. Background Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Contractor’s personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Contractor’s prospective or then current personnel is deemed objectionable, then the City may notify Contractor of the same. Contractor shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker.

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b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled “Method of Payment” herein.

7. Plans, Studies, Documents.
a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public’s rights to documents under the Public Records Act, and any third- party requests of Contractor shall be immediately referred to City, without any other actions by Contractor.
b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. c. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City’s name or insignia, photographs relating to project for which Contractor’s services are rendered, or any publicity pertaining to the Contractor’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

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8. Contractor’s Books and Records.
a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement.
b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor’s address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor’s representatives, or Contractor’s successor-in-interest.

9. Independent Contractor.
a. Contractor is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary and except for the fees paid to Contractor as provided in the Agreement, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

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indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

11. Interests of Contractor. Contractor (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor’s services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor:
a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)

12. Professional Ability of Contractor. City has relied upon the professional training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Contractor’s field of expertise.

13. Compliance with Laws.
a. Contractor shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Contractor and/or its employees, officers, or board members.
b. Contractor represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.

14. Licenses. Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license.

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15. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

16. Insurance Requirements.
a. Insurance. Contractor, at Contractor’s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation Coverage. Contractor shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404

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covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.

Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage.
iv. Professional Liability Coverage. Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor’s services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub Contractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.

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vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.

Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor:Precision Concrete Cutting
Attn: Gary Beneduci
5737 Kanan Rd. #718
Agoura Hills, Ca. 91301

18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Contractor and the subcontractors listed in Exhibit B. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

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20. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.

21. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

22. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.

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26. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside.

27. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non- monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.

29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Contractor’s Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Contractor’s Proposal.

30. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. [Signatures on next page]

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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
Assistant City Manager
“CONTRACTOR”
Precision Concrete Cutting, a Corporation
By:Gary Beneduci
Its:Owner
Attachments: Exhibit A – Contractor’s Proposal
Exhibit B – List of Subcontractors

EXHIBIT A

EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]

EXHIBIT B

LIST OF SUBCONTRACTORS
[ATTACHED]

Precision Concrete Cutting, Los Angeles-Central CA, Inland Empire Office, 5737 Kanan Road, #718, Agoura Hills, CA 91301 2 Los Angeles/Central California P: (888) 881-9816 F: (818) 698-8280 www.SafeSidewalks.com CJPIA MASTER SERVICES AGREEMENT Annual Price Adjustment, July 2025 Precision Concrete Cutting will be implementing the annual 3% allowable price increase in the Master Service Agreement to offset the increase in the CPI, Prevailing Wage, fuel, and other costs incurred over the past year. Please see the breakdown below of the changes to our Schedule of Rates over the previous period. As per the agreement, this price increase is in effect for all quotations, contracts, and amendments beyond the one-year anniversary date of February 15, 2024. Uneven Sidewalk Repair with Sidewalk Assessment Uneven Sidewalk Repair Only
Survey Only Per mile CJPIA MSA 2024 468 CJPIA MSA 2025 482 The current 2023 Master Services Agreement and 2024 Price Adjustment is provided for your reference.

Hazard Class Less Severe 1/4" > to 1/2" Severe 5/8" - 1" Most Severe Above 1" Lineal Ft. per LOC Sq. Ft. per LOC CJPIA MSA 2024 $38.11 $76.22 $152.44 5 25 Sq Ft CJPIA MSA 2025 $39.25 $78.50 $157.00 5 25 Sq Ft Hazard Class Less Severe 1/4" > to 1/2" Severe 5/8" - 1" Most Severe Above 1" Lineal Ft. per LOC Sq. Ft. per LOC CJPIA MSA 2024 $31.93 $63.86 $128.75 5 25 Sq Ft CJPIA MSA 2025 $32.89 $65.77 $132.61 5 25 Sq Ft

MASTER SERVICE AGREEMENT

This Master Services Agreement (AGREEMENT) made as of this date, February, 15, 2023, by and between Precision Concrete Cutting (“CONTRACTOR”) and The California Joint Powers Insurance Authority (“AUTHORITY”).

This AGREEMENT is created for the sole purpose of establishing an agreed-upon set of services and related costs in order to allow California JPIA members (“MEMBER”) access to professional sidewalk inspection and maintenance services.

Further, this AGREEMENT creates no obligation or expectation that any work will result from this agreement. The CONTRACTOR’s specific services are defined below, and are available to members on as as-needed basis; the exact terms and conditions of such services are to be arranged between CONTRACTOR and MEMBER. MEMBERS are responsible for initiating and requesting any work of CONTRACTOR.

Service Option 1

SIDEWALK ASSESSMENT SERVICES

CONTRACTOR will inspect sidewalks and provide a written inspection report in the format approved by the MEMBER (optional curbs and gutters can be included in the scope of work).

The inspection reports shall include the identification, location, and description of each problem and recommended action to be taken. The format and information required may be changed at the request of MEMBER with the agreement of both parties.

Sidewalk Assessment Fee Schedule

Cost Per
Sidewalk Mile
Total Sidewalk
Miles
Estimated Cost
per Day
Estimated
Man Days
Total Estimate
Assessment Cost
$455.00 TBD $1,000 TBD $ TBD

Sample Services and Responsibilities

1. MEMBER shall provide maps of specified areas to CONTRACTOR.

2. CONTRACTOR shall inspect public right-of-ways designated on the maps.

3. CONTRACTOR shall use current ADA standards and Member standards in determining tripping hazards. These hazards shall include, but not be limited to:
a) Differential displacement between sidewalk sections 3/8 inch or greater b) Spall surfaces, holes in surfaces, and cracks above 1 inch wide or greater c) Deteriorated joints that have an eroded condition and are 1/2 inch wide or greater

4. CONTRACTOR shall record location of damaged sections in a GPS device.

5. Data entered into the GPS device shall be provided in writing to the MEMBER.

6. CONTRACTOR shall provide written inspection report that shall include, but not be limited to:
a. Identification and description of each problem condition b. Physical address and location including GPS location data c. Size of the hazards in height, length, and square foot d. Probable cause of the hazard, if evident
e. Pictures of damaged areas
f. Priority for repair; high, medium, low
g. Recommended action to be taken.

7. CONTRACTOR shall report to the MEMBER the results of the inspection upon completion.

Service Option 2

SIDEWALK TRIP HAZARD REMOVAL

Hazard Class Small
3/8” to 1/2”
Medium
>1/2” to 1”
Large
>1”
Lineal Foot
per Location
Square Foot
per Location
Price per Hazard $31.00 $62.00 $125.00 5 lin. feet 25 sq. ft.

CONTRACTOR shall be paid a fee for specialized trip-hazard repair service on lifted sidewalk with a difference in vertical elevation above ¼” to 2 ½”.

The fee paid to CONTRACTOR for trip-hazard removal shall be charged on a cost per hazard category per 5 lineal feet location. A removal of a trip hazard greater than 5 lineal feet shall be charged incremental cost per 5 feet location for the hazard class as follows:

Example: A less severe hazard (3/8” to 1/2” high) that is 7 lineal feet long shall be charged 2 locations (7 lineal feet = 5 feet + 2 feet) = $31 x 2 locations = $62.00

Sample Services and Responsibilities

1. CONTRACTOR shall repair sidewalk trip hazards above ¼” and up to 2 ½” in designated work areas as determined by the MEMBER.

2. CONTRACTOR shall remove hazards completely, from one end of the raised sidewalk joint to the other, if applicable, leaving a zero point of differential between slabs.

3. CONTRACTOR shall not cause any damage to landscaping, trees, retaining walls, curbs, sprinkler heads, utility covers or other objects adjacent to sidewalks. If CONTRACTOR and/or CONTRACTOR’s equipment does cause damage to above, the MEMBER must be notified immediately and damages must be repaired at the CONTRACTOR’s expense within 24 hours of the time the damage occurred.

4. CONTRACTOR shall completely and immediately clean up all debris after each hazard is repaired. All costs incurred for disposal of waste material shall be included in unit cost and not paid for separately.

5. CONTRACTOR shall repair each sidewalk trip hazard without damage to adjacent slab(s) or curb(s).

6. CONTRACTOR shall cut dry with dust abatement mechanism. No water-cooling is allowed, which creates slurry and contaminates storm drains or causes excessive environmental impact.

7. CONTRACTOR shall submit an itemized summary of all repaired hazards which includes:
a. The specific hazard height – both high side and low side measurement – in 8ths of an inch
b. The actual length of the repair to the nearest ½ foot c. The total width of actual repair to the nearest ½ foot d. The square feet of the effective panel from joint to nearest joint or score line e. The calculated unit for measurement shall be the square foot of the effected panel f. The physical location (address) of each repair
g. Pictures of each repair as requested
h. Itemized cost of each repaired trip hazard

8. CONTRACTOR shall submit a detailed invoice setting forth the services performed, in accordance with the formula for saw-cutting calculations. All invoices must show the cut depth, size, length, width, square feet, address, the number of locations, and the date repaired for each hazard removal.

The billing unit for invoice calculation shall be the number of locations where one (1) location is up to 5 lineal feet.

9. CONTRACTOR shall guarantee specified repair slope (1:12 or 1:8 based upon requirements outlined by the Americans with Disabilities Act) is achieved. If defined slope is not achieved, CONTRACTOR must repair to specification at no additional charge within 24 hours of discovery.

10. CONTRACTOR shall guarantee that the removed trip hazard will have a uniform appearance and texture. The finished surface shall have a co-efficient of friction of at least 0.6.

11. Method of trip-hazard removal shall entail precise saw-cutting performed with hand-held, electric-powered equipment, using a machined hub and flush-mounted, diamond-tipped blades. Must be capable of cutting at any angle and perform trip-hazard removal in hard- to-reach areas, around obstacles, on narrow walkways, and next to fences and retaining walls or buildings.

12. CONTRACTOR shall make its best effort to notify residents 3 days in advance of any work and schedule the operations so as to cause a minimum of interruption, interference or disturbance to the operation of stores, businesses, office buildings, hotels, churches, etc., and allow access by pedestrians and emergency, delivery and service vehicles at all times.

Sidewalk repair equipment and all other items incidental to the work shall not be left or stored on the sidewalk or on private property while not in use.

13. CONTRACTOR shall take precautions during saw-cutting operations not to disfigure, scar, or impair the health of any tree on public or private property.

Service Option 3

SIDEWALK ASSESSMENT AND TRIP HAZARD REMOVAL

Hazard Class Small
3/8” to 1/2”
Medium
>1/2” to 1”
Large
>1”
Lineal Foot
per Location
Square Foot
per Location
Price per Hazard $37.00 $74.00 $148.00 5 lin. Feet 25 sq. ft.

See sample services and responsibilities under respective sections in Service Option 1 and Service Option 2.

Service Option 4

FIVE-YEAR MAINTENANCE PROGRAM

Hazard Class Small
3/8” to 1/2”
Medium
>1/2” to 1”
Large
>1”
Lineal Foot
per Location
Square Foot
per Location
Price per Hazard $37.00 $74.00 $148.00 5 lin. Feet 25 sq. ft.

Sample Sidewalk Survey Services and Responsibilities

1. CONTRACTOR shall perform annual, semi-annual, or quarterly sidewalk inspection as determined by the scope of services to be defined by terms mutually set between the MEMBER and CONTRACTOR.

2. CONTRACTOR shall specify problems and recommend action to be taken.

3. CONTRACTOR shall prioritize the areas and problems to be resolved.

4. CONTRACTOR shall identify repairs to be accomplished by saw cutting.

5. CONTRACTOR shall identify spall surfaces, holes in surfaces, and cracks above 1” wide or greater.

6. CONTRACTOR shall recommend areas to be demolished and replaced.

7. CONTRACTOR shall provide written inspection report that shall include, but not be limited to:
a. Identification and description of each problem condition b. Physical address and location including GPS location data c. Size of the hazards in height, length, and square foot d. Probable cause of the hazard, if evident
e. Pictures of damaged areas
f. Priority for repair; high, medium, low
g. Recommended action to be taken.
h. CONTRACTOR shall report to the MEMBER the results of the inspection upon completion.

Sample Sidewalk Trip Hazard Removal Services and Responsibilities

1. CONTRACTOR shall make repairs and recommendations to achieve the lowest overall cost to the MEMBER.

2. CONTRACTOR shall remove the existing trip hazards by saw cutting changes in elevation between adjacent panels from above ¼ inch up to 2 ½ inches in height as specified in the scope of work defined by mutually set terms between the MEMBER and CONTRACTOR.

3. The MEMBER shall set a fixed budget “not to exceed” per month, per quarter, or per year.

4. CONTRACTOR shall provide in-depth report, audit-able for maintenance and risk management

Sample Remove/Replacement Survey Reporting Services and Responsibilities

1. CONTRACTOR shall survey and report all areas not recommended for saw cutting.

2. CONTRACTOR shall identify remove and replacement locations to maximize the repair of locations that truly need to be replaced.

3. CONTRACTOR shall provide a written report that identifies the location, length, width, and square foot measurement of the effected panels to be replaced.

4. CONTRACTOR shall provide GPS locations, maps and photographs of areas recommended for removal and replacement.

5. CONTRACTOR shall provide monthly an in-depth report, audit-able for maintenance and risk management.

Bonding Requirements
Direct cost associated with any specific bonding requirements beyond the required Contractors License Bond including the cost of Performance Bond, Payment Bond, or any other additional bonding requirements are not included in the fee schedule listed above and will be added to the cost of the project.

CPI Escalation
The fees charged by Pr ecision Concrete Cutting which are expressed as stated dollar amounts in this schedule shall be increased a nnually commencing on the one-year anniversary date of the Effective Date. Any increase must include written justification such as CPI figures and is subject to approval if it exceeds the annual 3% allowable increase.

Authorization

CONTRACTOR shall inspect and report only those sidewalk conditions and trip hazards as specified in the performance in this AGREEMENT, and therefore makes no representation that other trip hazards outside the scope of work have been identified. CONTRACTOR shall not be responsible for conditions outside the control of CONTRACTOR that have changed after completion of the inspections due to tree roots, water, settling, and other causes, and shall not be liable for any claims, losses, or damages arising from known or unknown trip hazards. Additionally, CONTRACTOR shall carry out authorized remediation and repair work as specified in the performance of this AGREEMENT, and based on locations either identified through their inspection process or identified separately from the CONTRACTOR'S inspection process. CONTRACTOR shall be responsible for removal of all trip hazards that have been identified and authorized through the performance of this AGREEMENT. CONTRACTOR shall not be responsible for trip hazards that arise after completion of the remediation and repair work as specified in the performance of this AGREEMENT due to conditions outside the control of the CONTRACTOR, such as tree roots, water, settling, and other causes.

FOR AUTHORITY: FOR CONTRACTOR:

Jonathan Shull Gar y Beneduci

NAME NAME
Chief Executive Officer Gen eral Manager

TITLE TITLE
________________________________ ________________________________

SIGNATURE SIGNATURE
_____________ _____________

DATE DATE

February 7, 2023
February 7, 2023

23)
On-call Services Agreements for Citywide Landscape Maintenance Services to RP Landscape & Irrigation, Inc. and to Excel Landscape, Inc.

Approve and authorize the City Manager to execute an On-Call Services Agreement with RP Landscape & Irrigation in the amount of $937,883.64 and authorize the City Manager to execute change orders not to exceed a 15% contingency of $140,682.55 for unforeseen repairs and additional work, and approve and authorize the City Manager to execute an On- Call Services Agreement with Excel Landscape in the amount of $561,732.00 and authorize the City Manager to execute change orders not to exceed a 15% contingency of $84,259.80 in such final form as approved by the City Attorney.

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REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Rick DeSantiago, Public Works Manager
Date:August 12, 2025
Subject:On-call Services Agreements for Citywide Landscape Maintenance Services to RP Landscape & Irrigation, Inc. and to Excel Landscape, Inc.

Recommendation
Approve and authorize the City Manager to execute an On-Call Services Agreement with RP Landscape & Irrigation in the amount of $937,883.64 and authorize the City Manager to execute change orders not to exceed a 15% contingency of $140,682.55 for unforeseen repairs and additional work, and approve and authorize the City Manager to execute an On-Call Services Agreement with Excel Landscape in the amount of $561,732.00 and authorize the City Manager to execute change orders not to exceed a 15% contingency of $84,259.80 in such final form as approved by the City Attorney.

Background
The City of Lake Elsinore is responsible for maintaining city-owned parks, beaches, parking lots, Launch Pointe and parkways; because of the volume of maintenance work this job entails, the city contracts with vendors to supplement staff’s effort to keep up with the workload.

City Council established the Citywide Landscaping and Street Lighting Maintenance District (Citywide LLMD) in 1988 to maintain those facilities in accordance with the Landscaping and Lighting Act of 1972. The City of Lake Elsinore is responsible for maintaining the landscaping that is encompassed in the street right-of-way referred to in this report as “streetscape”. Because of the volume of maintenance work this job entails, the City contracts with vendors to supplement staff’s efforts to keep up with the workload.

On-call Services for Citywide Landscape Maintenance

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Discussion
On May 20, 2025, the city placed in PlanetBids the notice of request for proposals (RFP) for Citywide Landscaping Maintenance Services. All responses to the notice of Request for Proposal questions were posted on PlanetBids. Six (6) bids were received on or before the deadline of 2:00 pm on June 10, 2025. City staff examined all bids. The bid results were posted for public review in PlanetBids shortly after the opening.

The examination of the bids revealed that RP Landscape & Irrigation and Excel Landscape, Inc., provided the most competitive pricing for specific sections, as detailed below. Priority Landscape Services ranked as the second lowest bidder, however, upon reviewing their submitted documents discrepancies were identified that rendered their bid non-conforming and unacceptable. Staff reviewed and determined to be complete.

Staff advised both RP Landscape & Irrigation and Excel Landscape regarding the division of work.

The aim is to allocate tasks based on the lowest bids for specific sections while ensuring that the workload remains manageable and does not overwhelm a single contractor.

The scope of work for these agreements includes the following:

RP Landscape & Irrigation
•Citywide Parks Landscape $796,483.08
•Citywide Facilities Landscape $43,828.56
•Landscape at Railroad Canyon Rd. Parkways – Weeds/Trash only – (Grape St. to Canyon Lake Border) approx. 10 ft. from edge of pavement $7,956.00 •Landscape at Central Ave. – Weeds/Trash only (Dexter Ave. to Crumpton Rd.) approx. 10 ft. from pavement $6,996.00
•Landscape at Levee Road slopes – Crown of road to the bottom of the slope – Weeds/Trash/Waste and Fish only $82,620.00
Excel Landscape
•Streetscapes $359,112.00
•Launch Pointe Landscape $81,600.00
•I-15 at Main St. $38,400.00
•Landscape at I-15 at Diamond Dr. & Grape St $82,620.00 On-call Services for Citywide Landscape Maintenance

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The companies listed below submitted a proposal. Staff verified the references of the lowest bidder(s). The proposals submitted for Citywide Landscaping Maintenance Services are listed below:

Company Amount
RP Landscape & Irrigation $1,540,124.13
Priority Landscape Services, LLC $1,559,430.08
Excel Landscape Inc. $1,678,024.28
Greentech Landscape $1,773,135.02
BrightView Landscape Services $1,844,607.79
Mariposa Landscapes, Inc. $2,406,446.51
Following the approval of this agenda item, Landscape Services will begin. Staff have reviewed and verified that the contractors have a valid license.

Fiscal Impact
Funds are available in the City’s FY 25-26 Annual Citywide Landscape Maintenance Program.

Attachments
Attachment 1 – RP Landscape & Irrigation Agreement
Exhibit A - Proposal
Attachment 2 – Excel Landscape Agreement
Exhibit A - Proposal
Public Works

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AGREEMENT FOR CONTRACTOR SERVICES
RP Landscape & Irrigation, Inc.

Annual Citywide Landscape Maintenance Services
This Agreement for Contractor Services (the “Agreement”) is made and entered into as of August 12, 2025, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and RP Landscape & Irrigation, Inc., a Corporation ("Contractor").

RECITALS
A. The City has determined that it requires the following Contractor services:

Citywide parks landscape, citywide facilities landscape, landscape at I-15 at Diamond Dr. & Grape St., landscape at Railroad Canyon Rd. parkways, landscape at Central Ave., landscape at levee road slopes.

B. Contractor has submitted to City a proposal, dated June 10, 2025, attached hereto as Exhibit A (“Contractor’s Proposal”) and incorporated herein, to provide contractor services to City pursuant to the terms of this Agreement.

C. Contractor possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein.

D. City desires to retain Contractor to perform the services as provided herein and Contractor desires to provide such contractor services as set forth in this Agreement.

AGREEMENT

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3 c. Term and Compliance with Task/Work Order System. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period commencing on July 1, 2025 and ending June 30, 2028. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager.

3. Compensation. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's annual compensation exceed Nine Hundred Thirty-Seven Thousand Eight Hundred Eighty-Three and Sixty-Four Dollars ($937,883.64) without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

4. Method of Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor’s bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff.

5. Background Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Contractor’s personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Contractor’s prospective or then current personnel is deemed objectionable, then the City may notify Contractor of the same. Contractor shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker.

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3 terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled “Method of Payment” herein.

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3 8. Contractor’s Books and Records.
a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement.
b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor’s address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor’s representatives, or Contractor’s successor-in-interest.

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3 indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor:
a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)

13. Compliance with Laws.
a. Contractor shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Contractor and/or its employees, officers, or board members.
b. Contractor represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.

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3 15. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

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3 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.

Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage.
iv. Professional Liability Coverage. Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor’s services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub Contractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.

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3 vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.

Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor:RP Landscape & Irrigation, Inc.

Attn: Roy Perez
1905 W. Rialto Ave.

San Bernardino, Ca 92410

18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Contractor and the subcontractors listed in Exhibit B. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

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3 20. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.

21. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

22. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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3 26. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside.

27. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non- monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.

29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Contractor’s Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Contractor’s Proposal.

30. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. [Signatures on next page]

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3 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
Assistant City Manager
“CONTRACTOR”
RP Landscape & Irrigation, Inc., a Corporation
By:Roy Perez
Its:Owner
Attachments: Exhibit A – Contractor’s Proposal
Exhibit B – List of Subcontractors

EXHIBIT B

EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]
City of Lake Elsinore
RFP - BID PROPOSAL FOR CITYWIDE LANDSCAPING MAINTENANCE SERVICES, bidding on 06/10/2025 2:00 PM (PDT)

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Printed 07/23/2025
PlanetBids
City of Lake Elsinore
RFP - BID PROPOSAL FOR CITYWIDE LANDSCAPING MAINTENANCE SERVICES, bidding on 06/10/2025 2:00 PM (PDT)

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Printed 07/23/2025
PlanetBids
City of Lake Elsinore
RFP - BID PROPOSAL FOR CITYWIDE LANDSCAPING MAINTENANCE SERVICES, bidding on 06/10/2025 2:00 PM (PDT)

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Printed 07/23/2025
PlanetBids
City of Lake Elsinore
RFP - BID PROPOSAL FOR CITYWIDE LANDSCAPING MAINTENANCE SERVICES, bidding on 06/10/2025 2:00 PM (PDT)

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Printed 07/23/2025
PlanetBids
City of Lake Elsinore
RFP - BID PROPOSAL FOR CITYWIDE LANDSCAPING MAINTENANCE SERVICES, bidding on 06/10/2025 2:00 PM (PDT)

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Printed 07/23/2025
PlanetBids
City of Lake Elsinore
RFP - BID PROPOSAL FOR CITYWIDE LANDSCAPING MAINTENANCE SERVICES, bidding on 06/10/2025 2:00 PM (PDT)

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Printed 07/23/2025
PlanetBids

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AGREEMENT FOR CONTRACTOR SERVICES
Excel Landscape, Inc.

Annual Citywide Landscape Maintenance Services
This Agreement for Contractor Services (the “Agreement”) is made and entered into as of August 12, 2025, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Excel Landscape, Inc., a Corporation ("Contractor").

RECITALS
A. The City has determined that it requires the following Contractor services:

Streetscapes, launch pointe and landscape at I-15 at Main St.

C. Contractor possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein.

D. City desires to retain Contractor to perform the services as provided herein and Contractor desires to provide such contractor services as set forth in this Agreement.

AGREEMENT

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4 and effect for a period commencing on July 1, 2025 and ending June 30, 2028. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager.

3. Compensation. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's annual compensation exceed Five Hundred Sixty-One Thousand Seven Hundred Thirty-Two dollars ($561,732) without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

4. Method of Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor’s bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff.

5. Background Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Contractor’s personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Contractor’s prospective or then current personnel is deemed objectionable, then the City may notify Contractor of the same. Contractor shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker.

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4 b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled “Method of Payment” herein.

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4 8. Contractor’s Books and Records.
a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement.
b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor’s address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor’s representatives, or Contractor’s successor-in-interest.

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4 indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor:
a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)

13. Compliance with Laws.
a. Contractor shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Contractor and/or its employees, officers, or board members.
b. Contractor represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.

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4 15. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

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4 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.

Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage.
iv. Professional Liability Coverage. Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor’s services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub Contractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.

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4 vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.

Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor:Excel Landscape, Inc.

Attn: Jose Alfaro
710 Rimpua Ave. Suite 108
Corona, Ca 92879

18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Contractor and the subcontractors listed in Exhibit B. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

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4 20. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.

21. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

22. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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4 26. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside.

27. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non- monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.

29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Contractor’s Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Contractor’s Proposal.

30. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. [Signatures on next page]

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4 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
Assistant City Manager
“CONTRACTOR”
Excel Landscape, Inc., a Corporation
By:Jose Alfaro, Sr.

Its:Owner
Attachments: Exhibit A – Contractor’s Proposal
Exhibit B – List of Subcontractors

EXHIBIT B

EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]
City of Lake Elsinore
RFP - BID PROPOSAL FOR CITYWIDE LANDSCAPING MAINTENANCE SERVICES, bidding on 06/10/2025 2:00 PM (PDT)

Page 1 of 6 ends

Printed 07/23/2025
PlanetBids
City of Lake Elsinore
RFP - BID PROPOSAL FOR CITYWIDE LANDSCAPING MAINTENANCE SERVICES, bidding on 06/10/2025 2:00 PM (PDT)

Page 2 of 6 ends

Printed 07/23/2025
PlanetBids
City of Lake Elsinore
RFP - BID PROPOSAL FOR CITYWIDE LANDSCAPING MAINTENANCE SERVICES, bidding on 06/10/2025 2:00 PM (PDT)

Page 3 of 6 ends

Printed 07/23/2025
PlanetBids
City of Lake Elsinore
RFP - BID PROPOSAL FOR CITYWIDE LANDSCAPING MAINTENANCE SERVICES, bidding on 06/10/2025 2:00 PM (PDT)

Page 4 of 6 ends

Printed 07/23/2025
PlanetBids
City of Lake Elsinore
RFP - BID PROPOSAL FOR CITYWIDE LANDSCAPING MAINTENANCE SERVICES, bidding on 06/10/2025 2:00 PM (PDT)

Page 5 of 6 ends

Printed 07/23/2025
PlanetBids
City of Lake Elsinore
RFP - BID PROPOSAL FOR CITYWIDE LANDSCAPING MAINTENANCE SERVICES, bidding on 06/10/2025 2:00 PM (PDT)

Page 6 of 6 ends

Printed 07/23/2025
PlanetBids
24)
Minutes of the Regular Successor Agency Meeting of July 22, 2025 Approve the Minutes.

Page 1 of 1 ends

REPORT TO SUCCESSOR AGENCY
To: Honorable Chair and Members of the Successor Agency From: Jason Simpson, Executive Director
Prepared by: Candice Alvarez, MMC, Secretary
Date:August 12, 2025
Subject:Minutes of the Regular Successor Agency Meeting of July 22, 2025 Recommendation
Approve the Minutes.

Attachments
Attachment 1 - Draft Minutes
City Clerk's Office

City of Lake Elsinore
City Council Meeting
Minutes – Draft

Brian Tisdale, Mayor
Robert E. Magee, Mayor Pro Tem
Steve Manos, Council Member
Timothy J. Sheridan, Council Member
Natasha Johnson, Council Member
Jason Simpson, City Manager
Meeting Date:

July 22, 2025

Closed Session: 6:00 PM
Public Session: 7:00 PM

Cultural Center
183 N. Main Street
Lake Elsinore, CA 92530

CALL TO ORDER

The Regular Meeting of the City Council was called to order at 6:00 p.m.

ROLL CALL

Present: 4 - Council Members Manos and Sheridan; Mayor Pro Tem Magee; and Mayor Tisdale

Absent: 1 - Council Member Johnson

PUBLIC COMMENTS FOR CLOSED SESSION ITEMS

There were no speakers.

CLOSED SESSION - 6:00 P.M.

A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS

(Gov’t Code Section 54956.8)
Property: APN: 377-313-013 & 377-320-004
Agency negotiator: City Manager Simpson
Negotiating parties: City of Lake Elsinore and Perris Senior Apartments Under negotiation: Price and terms of payment

RECONVENE/CALL TO ORDER

The Regular Meeting of the City Council reconvened and the Regular Meeting of the Successor Agency was called to order at 7:00 p.m.

PLEDGE OF ALLEGIANCE

Mayor Tisdale led the Pledge of Allegiance.

City Council Minutes - Draft July 22, 2025

City of Lake Elsinore Page 2

ROLL CALL

Present: 4 - Council/Agency Members Manos and Sheridan; Mayor Pro Tem/Vice Chair Magee; and Mayor/Chair Tisdale

Absent: 1 - Council/Agency Member Johnson

CLOSED SESSION REPORT

Acting City Attorney Mann reported that one item was discussed; however, no reportable action was taken.

PRESENTATIONS/CEREMONIALS

1) Business in Action Monthly Spotlight – El Comal

Recognize El Comal as the City of Lake Elsinore’s Business in Action Monthly Spotlight for July 2025.

Mayor Tisdale recognized Miguel Casillas.

2) Calfire 2025 Second Quarter Statistical Update

Chief Reed presented the update.

PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE

There were no speakers.

CITY COUNCIL CONSENT CALENDAR

A motion was made by Council Member Manos, seconded by Mayor Pro Tem Magee to approve the City Council Consent Calendar with Agenda Item No. 14 being removed for discussion. The motion carried by the following vote:

Aye: 4 Council Members Manos and Sheridan; Mayor Pro Tem Magee; and Mayor Tisdale
Nay: 0 None

Absent: 1 Council Member Johnson

3) Minutes of the Regular City Council Meeting of July 8, 2025

Approve the Minutes.

This item was approved on the City Council Consent Calendar.

4) CC Investment Report for June 2025

Receive and file the Investment Report for June 2025.

This item was approved on the City Council Consent Calendar.

City Council Minutes - Draft July 22, 2025

City of Lake Elsinore Page 3

5) Second Reading and Adoption of an Ordinance for Annexation No. 23 Into Community Facilities District No. 2015-2 (Maintenance Services) for Canyon Hills Heights

Adopt by title only and waive further reading of AN ORDINANCE AMENDING ORDINANCE NO. 2016-1359 OF THE CITY COUNCIL OF THE CITY OF LAKE

ELSINORE, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015-2 OF THE CITY OF LAKE

ELSINORE (MAINTENANCE SERVICES) AUTHORIZING THE LEVY OF SPECIAL TAXES.

This item was approved on the City Council Consent Calendar.

6) Second Reading and Adoption of an Ordinance for Annexation No. 25 Into Community Facilities District No. 2015-2 (Maintenance Services) for Tuscany Valley & Tuscany Crest

Adopt by title only and waive further reading of AN ORDINANCE AMENDING ORDINANCE NO. 2016-1359 OF THE CITY COUNCIL OF THE CITY OF LAKE

ELSINORE, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015-2 OF THE CITY OF LAKE

ELSINORE (MAINTENANCE SERVICES) AUTHORIZING THE LEVY OF SPECIAL TAXES.

This item was approved on the City Council Consent Calendar.

7) Resolution of Consideration of Change Proceedings for Community Facilities District No. 2021-1 of the City of Lake Elsinore (Tuscany Valley/Crest)

Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2021-1 OF THE CITY OF LAKE ELSINORE (TUSCANY

VALLEY/CREST), DECLARING ITS INTENTION TO CONSIDER AMENDMENTS TO

THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR EACH OF IMPROVEMENT AREA NO. 1 AND IMPROVEMENT AREA NO. 2 OF THE DISTRICT

AND INCREASING THE AUTHORIZED BONDED INDEBTEDNESS FOR EACH OF IMPROVEMENT AREA NO. 1 AND IMPROVEMENT AREA NO. 2 OF THE DISTRICT.

This item was approved on the City Council Consent Calendar.

8) On-Call Services Agreement with AK Security Alarm LLC for Minor Construction and Repair Services

Approve and authorize the City Manager to execute an On-Call Services Agreement with AK Security Alarm, LLC for minor construction and repair services in an amount not to exceed $525,000.00 in such final form approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $52,500.00 for uncertainties and adjustments.

This item was approved on the City Council Consent Calendar.

City Council Minutes - Draft July 22, 2025

City of Lake Elsinore Page 4

9) Purchase of City Hall Furniture

Approve and authorize the City Manager to execute a Purchase Order with Talimar Systems, Inc. in the amount of $944,225 for the relocation, purchase, and set up of City Hall furniture.

This item was approved on the City Council Consent Calendar.

10) Southwest Communities Financing Authority Fifth Amendment to the Restated Joint Powers Agreement

Approve and authorize the City Manager to execute the Fifth Amended and Restated Joint Powers Agreement for the Southwest Communities Financing Authority in such final form as approved by the City Attorney

This item was approved on the City Council Consent Calendar.

11) California Department of Parks and Recreation Land and Water Conservation Fund Grant Program

Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, APPROVING THE APPLICATION FOR THE LAND AND WATER CONSERVATION FUND LAKE ELSINORE PROJECT.

This item was approved on the City Council Consent Calendar.

12) Amendment No. 1 to the Agreement Dennis Janda, Inc. for On-Call Surveyor Services for City-Wide Requirements

Approve and authorize the City Manager to execute Amendment No. 1 to the Agreement with Dennis Janda, Inc. for on-call Surveyor Services to extend the term beginning July 22, 2025 and ending June 30, 2027 and increase the annual compensation by an additional $50,000.00 for a total amount not to exceed $85,000.00 in such final form as approved by the City Attorney.

This item was approved on the City Council Consent Calendar.

13) Agreement with PlainJoes Studios for the Maintenance and Management of the Launch Pointe Website

Approve and authorize the City Manager to execute an Agreement with PlainJoes Studios in an annual amount not to exceed $27,000 for Launch Pointe website content management in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $2,700 for uncertainties and adjustments.

This item was approved on the City Council Consent Calendar.

City Council Minutes - Draft July 22, 2025

City of Lake Elsinore Page 5

14) Temporary License to Use a Portion of Parking Lot at Alberhill Ranch Community Park for Charter School Site Pending Completion of a Permanent School Site on Riverside Drive

1. Find that the proposed temporary use project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15311 (Accessory Structures); and

2. Approve the temporary use of a portion of the parking lot at Alberhill Ranch Community Park for modular classrooms for a charter school facility and authorize the City Manager to execute the Right of Entry Agreement and License and to address any other ancillary matters as may be necessary to allow for and facilitate the use thereof, in such final form as approved by the City Attorney.

This item was removed from the City Council Consent Calendar for discussion.

15) Final Closeout Amendment No. 3 to the Professional Services Agreement with FCG for Resident Engineering Services on the Main Street/I-15 Interchange Improvement Project CIP Z10094

Authorize the City Manager to execute Amendment No. 3 to the Professional Services Agreement with FCG for $71,451.38 plus an additional 10% contingency for the closeout of Resident Engineering Services for the Main Street/I-15 Interchange Improvement Project as approved in final form by the City Attorney.

This item was approved on the City Council Consent Calendar.

16) Tract Map No. 34249, Canyon Hills Estates

Approve Final Tract Map No. 34249, subject to the City Engineer’s acceptance as being true and correct, authorize the City Clerk to sign the map and arrange for recordation of Final Tract Map No. 34249, and approve and authorize the City Manager to execute the Construction of Improvements Agreement for Monumentation.

This item was approved on the City Council Consent Calendar.

17) Agreement with St. Nick’s Christmas Lighting and Décor (DBA T&G Global, LLC) for the Design and Installation of Main Street Holiday Decorations

Approve and authorize the City Manager to execute an Agreement with St. Nick’s Christmas Lighting and Décor (DBA T&G Global, LLC) for the design and installation of the Main Street Holiday Decorations in an amount not to exceed $140,000.00 in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $14,000 for unanticipated costs.

This item was approved on the City Council Consent Calendar.

City Council Minutes - Draft July 22, 2025

City of Lake Elsinore Page 6

18) Amendment No. 2 to Agreement with Tri-Star Electric in Support of City of Lake Elsinore Public Works Operations

Approve and authorize the City Manager to execute Amendment No. 2 to the Agreement with Tri-Star Electric to increase compensation by an additional $5,951.00 for a total not to exceed $60,951.00 in such final form as approved by the City Attorney.

This item was approved on the City Council Consent Calendar.

ITEM REMOVED FROM THE CITY COUNCIL CONSENT CALENDAR FOR DISCUSSION

14) Temporary License to Use a Portion of Parking Lot at Alberhill Ranch Community Park for Charter School Site Pending Completion of a Permanent School Site on Riverside Drive

2. Find that the proposed temporary use project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15311 (Accessory Structures); and

3. Approve the temporary use of a portion of the parking lot at Alberhill Ranch Community Park for modular classrooms for a charter school facility and authorize the City Manager to execute the Right of Entry Agreement and License and to address any other ancillary matters as may be necessary to allow for and facilitate the use thereof, in such final form as approved by the City Attorney.

Kim Cousins was called to speak.

A motion was made by Council Member Manos, seconded by Mayor Pro Tem Magee to approve staff's recommendations. The motion carried by the following vote:

Aye: 4 Council Members Manos, Sheridan, and Johnson; Mayor Pro Tem Magee; and Mayor Tisdale
Nay: 0 None

Absent: 1 Council Member Johnson

SUCCESSOR AGENCY CONSENT CALENDAR

A motion was made by Vice Chair Magee, seconded by Agency Member Sheridan to approve the Successor Agency Consent Calendar. The motion carried by the following vote:

Aye: 4 Council Member Manos, Mayor Tisdale, Mayor Pro Tem Magee, Council Member Sheridan
Nay: 0 None

Absent: 1 Council Member Johnson

19) Minutes of the Regular Successor Agency Meeting of July 8, 2025

Approve the Minutes.

This item was approved on the Successor Agency Consent Calendar.

City Council Minutes - Draft July 22, 2025

City of Lake Elsinore Page 7

20) SA Investment Report for June 2025

Receive and file the Investment Report for June 2025.

This item was approved on the Successor Agency Consent Calendar.

PUBLIC HEARINGS

21) Citywide Landscaping and Street Lighting District and the Landscaping and Street Lighting Maintenance District No. 1 for Fiscal Year 2025-26

1. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE

ELSINORE, CALIFORNIA, CONFIRMING A DIAGRAM AND ASSESSMENT AND

PROVIDING FOR ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT FOR FISCAL YEAR 2025-26 FOR THE CITYWIDE LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT (LLMD); and

2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE

ELSINORE, CALIFORNIA, CONFIRMING A DIAGRAM AND ASSESSMENT AND

PROVIDING FOR ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT FOR FISCAL YEAR 2025-26 FOR THE LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO.1.

The Public Hearing was opened at 7:19 p.m.

There were no speakers.

The Public Hearing was closed at 7:20 p.m.

A motion was made by Council Member Manos, seconded by Mayor Pro Tem Magee to adopt the two Resolutions. The motion carried by the following vote:

Aye: 4 Council Members Manos and Sheridan; Mayor Pro Tem Magee; and Mayor Tisdale
Nay: 0 None

Absent: 1 Council Member Johnson

22) Placement of Delinquent Nuisance Abatement Charges on the Tax Roll

Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, ORDERING CONFIRMATION OF THE SPECIAL ASSESSMENTS

AGAINST PARCELS OF LAND WITHIN THE PUBLIC NUISANCE ABATEMENT COSTS FOR THE FISCAL YEAR 2025-26.

The Public Hearing was opened at 7:20 p.m.

Shane Spicer presented the staff report.

There were no speakers.

The Public Hearing was closed at 7:22 p.m.

City Council Minutes - Draft July 22, 2025

City of Lake Elsinore Page 8

A motion was made by Mayor Pro Tem Magee, seconded by Council Member Sheridan to adopt the Resolution. The motion carried by the following vote:

Aye: 4 Council Members Manos and Sheridan; Mayor Pro Tem Magee; and Mayor Tisdale
Nay: 0 None

Absent: 1 Council Member Johnson

PUBLIC COMMENTS - NON-AGENDIZED ITEMS - THREE MINUTES

Denise Lanier was called to speak.

CITY ATTORNEY COMMENTS

Acting City Attorney Mann had no comments.

CITY MANAGER'S COMMENTS

City Manager Simpson had no comments.

CITY COUNCIL COMMENTS/REPORTS ON MEETINGS ATTENDED

Council Member Sheridan reminded the community that youth ride Riverside Transit Agency buses free through December 31, 2026; and advised that he will attend the California Joint International Powers Authority Board of Directors meeting on Wednesday, July 23, 2025.

Council Member Manos reported on his attendance at the Riverside County Airport Land Use Commission meeting on July 10, 2025; shared the grand opening of The Habit Burger & Grill; and invited the community to attend the last two of the Live at the Lakefront concert series events at 7:00 p.m. on July 24 and 31, 2025 at Launch Pointe.

Mayor Pro Tem Magee announced the reopening of the Lake Elsinore Motocross Park under new management; shared that the Links at Summerly Golf Course is also under new management; invited the community to attend the Cal Club Autocross Championship and Practice July 26-27, 2025 at Diamond Stadium; and reminded pet owners to keep their pets safe in the heat.

Mayor Tisdale announced the Lake Elsinore Food Truck Festival which will be held at Seaport Boat Launch every Friday from 5:00 to 10:00 p.m. beginning Friday, August 8, 2025; advised the community of the Sterile Insect Technique Pilot Program; shared an update on the Lakeshore Drive Sidewalk project; noted that the City of Lake Elsinore secured $8 million in federal funding through the Fiscal Year 2026 Transportation and Urban Development Appropriations Bill to advance vital water quality improvements; shared that the Riverside County Sheriff’s Office offers the Blue Envelope Program to support individuals with conditions such as Autism, dementia, anxiety, and others during law enforcement interactions; shared information on the Riverside County Sheriff’s Office Special Needs Reunification Program; and shared important dates related to the August 26, 2025 Mail Ballot Election.

City Council Minutes - Draft July 22, 2025

City of Lake Elsinore Page 9

ADJOURNMENT

The Lake Elsinore City Council adjourned at 7:45 p.m. to the next Regular meeting of Tuesday, August 12, 2025 in the Cultural Center located at 183 N. Main Street. Closed Session will commence at 5:00 p.m. or such later time as noticed on the Agenda, and the regular Open Session business meeting will commence at 7:00 p.m.

25)
SA Warrant Report Dated June 16, 2025 to June 22, 2025
Receive and file.

Page 1 of 1 ends

REPORT TO SUCCESSOR AGENCY OF THE

REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE
To:Honorable Agency Chair and Members of the Successor Agency From:Jason Simpson, Executive Director
Prepared by:Shannon Buckley, Assistant Executive Director Date:August 12, 2025
Subject:SA Warrant Report Dated June 16, 2025 to June 22, 2025 Recommendation
Receive and file.

Discussion
The Warrant Report lists all general checks issued for the Successors Agency of the Redevelopment Agency of the City of Lake Elsinore for the above-mentioned period.

Attachments
Attachment 1 – SA Warrant Summary
Attachment 2 – SA Warrant Listing
Administrative Services
JUNE 16, 2025 TO JUNE 22, 2025 CITY OF LAKE ELSINORE SA WARRANT SUMMARY FUND NO. FUND DESCRIPTION TOTAL
510 SARDA AREA I, II, & III 16,900.00 $
GRAND TOTAL 16,900.00 $
Attachment 1 1 OF 1
JUNE 16, 2025 TO JUNE 22, 2025 CITY OF LAKE ELSINORE SA WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
9368 LEIBOLD, MCCLENDON & MANN, PC 16,900.00 $
GRAND TOTAL 16,900.00 $
Attachment 2 1 OF 1
26)
SA Warrant Report Dated June 23, 2025 to June 29, 2025
Receive and file.

Page 1 of 1 ends

REPORT TO SUCCESSOR AGENCY OF THE

REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE
To:Honorable Agency Chair and Members of the Successor Agency From:Jason Simpson, Executive Director
Prepared by:Shannon Buckley, Assistant Executive Director Date:August 12, 2025
Subject:SA Warrant Report Dated June 23, 2025 to June 29, 2025 Recommendation
Receive and file.

Discussion
The Warrant Report lists all general checks issued for the Successors Agency of the Redevelopment Agency of the City of Lake Elsinore for the above-mentioned period.

Attachments
Attachment 1 – SA Warrant Summary
Attachment 2 – SA Warrant Listing
Administrative Services
JUNE 23, 2025 TO JUNE 29, 2025 CITY OF LAKE ELSINORE SA WARRANT SUMMARY FUND NO. FUND DESCRIPTION TOTAL
510 SARDA AREA I, II, & III 118.52 $
GRAND TOTAL 118.52 $
Attachment 1 1 OF 1
JUNE 23, 2025 TO JUNE 29, 2025 CITY OF LAKE ELSINORE SA WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
APA25002507 SOUTHERN CALIFORNIA EDISON CO. 118.52$
GRAND TOTAL 118.52 $
Attachment 2 1 OF 1
27)
SA Warrant Report Dated June 30, 2025 to July 06, 2025
Receive and file.

Page 1 of 1 ends

REPORT TO SUCCESSOR AGENCY OF THE

REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE
To:Honorable Agency Chair and Members of the Successor Agency From:Jason Simpson, Executive Director
Prepared by:Shannon Buckley, Assistant Executive Director Date:August 12, 2025
Subject:SA Warrant Report Dated June 30, 2025 to July 06, 2025 Recommendation
Receive and file.

Discussion
The Warrant Report lists all general checks issued for the Successors Agency of the Redevelopment Agency of the City of Lake Elsinore for the above-mentioned period.

Attachments
Attachment 1 – SA Warrant Summary
Attachment 2 – SA Warrant Listing
Administrative Services
JUNE 30, 2025 TO JULY 06, 2025 CITY OF LAKE ELSINORE SA WARRANT SUMMARY FUND NO. FUND DESCRIPTION TOTAL
510 SARDA AREA I, II, & III 2,000.00 $
540 SARDA DIAMOND STADIUM 172,761.34
GRAND TOTAL 174,761.34 $
Attachment 1 1 OF 1
JUNE 30, 2025 TO JULY 06, 2025 CITY OF LAKE ELSINORE SA WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
APA26000028 RP LANDSCAPE & IRRIGATION 148,822.16 $
9467 AK SECURITY ALARM LLC 16,939.18
9476 PROSTAFF, LLC 7,000.00
9494 WILMINGTON TRUST, NATIONAL ASSOCIATION 2,000.00
GRAND TOTAL 174,761.34 $
Attachment 2 1 OF 1
28)
SA Warrant Report Dated July 07, 2025 to July 13, 2025
Receive and file.

Page 1 of 1 ends

REPORT TO SUCCESSOR AGENCY OF THE

REDEVELOPMENT AGNECY OF THE CITY OF LAKE ELSINORE
To:Honorable Agency Chair and Members of the Successor Agency From:Jason Simpson, Executive Director
Prepared by:Shannon Buckley, Assistant Executive Director Date:August 12, 2025
Subject:SA Warrant Report Dated July 07, 2025 to July 13, 2025 Recommendation
Receive and file.

Discussion
The Warrant Report lists all general checks issued for the Successors Agency of the Redevelopment Agency of the City of Lake Elsinore for the above-mentioned period.

Attachments
Attachment 1 – SA Warrant Summary
Attachment 2 – SA Warrant Listing
Administrative Services
JULY 07, 2025 TO JULY 13, 2025 CITY OF LAKE ELSINORE SA WARRANT SUMMARY FUND NO. FUND DESCRIPTION TOTAL
510 SARDA AREA I, II, & III 16,789.70 $
GRAND TOTAL 16,789.70 $
Attachment 1 1 OF 1
JULY 07, 2025 TO JULY 13, 2025 CITY OF LAKE ELSINORE SA WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
9496 AMAZON BUSINESS 3,172.20 $
9517 LEIBOLD, MCCLENDON & MANN, PC 13,617.50
GRAND TOTAL 16,789.70 $
Attachment 2 1 OF 1
29)
SA Warrant Report Dated July 14, 2025 to July 20, 2025
Receive and file.

Page 1 of 1 ends

REPORT TO SUCCESSOR AGENCY OF THE

REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE
To:Honorable Agency Chair and Members of the Successor Agency From:Jason Simpson, Executive Director
Prepared by:Shannon Buckley, Assistant Executive Director Date:August 12, 2025
Subject:SA Warrant Report Dated July 14, 2025 to July 20, 2025 Recommendation
Receive and file.

Discussion
The Warrant Report lists all general checks issued for the Successors Agency of the Redevelopment Agency of the City of Lake Elsinore for the above-mentioned period.

Attachments
Attachment 1 – SA Warrant Summary
Attachment 2 – SA Warrant Listing
Administrative Services
JULY 14, 2025 TO JULY 20, 2025 CITY OF LAKE ELSINORE SA WARRANT SUMMARY FUND NO. FUND DESCRIPTION TOTAL
510 SARDA AREA I, II, & III 111,741.86 $
540 SARDA DIAMOND STADIUM 31,310.00
GRAND TOTAL 143,051.86 $
Attachment 1 1 OF 1
JULY 14, 2025 TO JULY 20, 2025 CITY OF LAKE ELSINORE SA WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
APA26000109 EXCEL LANDSCAPE, INC. 2,627.25 $
APA26000121 LAKE ELSINORE STORM, LP 100,655.60
9543 AK SECURITY ALARM LLC 31,310.00
9565 KPA SERVICES, LLC 496.51
9566 LEIBOLD, MCCLENDON & MANN, PC 7,962.50
GRAND TOTAL 143,051.86 $
Attachment 2 1 OF 1
30)
SA Warrant Report Dated July 21, 2025 to July 27, 2025
Receive and file.

Page 1 of 1 ends

REPORT TO SUCCESSOR AGENCY OF THE

REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE
To:Honorable Agency Chair and Members of the Successor Agency From:Jason Simpson, Executive Director
Prepared by:Shannon Buckley, Assistant Executive Director Date:August 12, 2025
Subject:SA Warrant Report Dated July 21, 2025 to July 27, 2025 Recommendation
Receive and file.

Discussion
The Warrant Report lists all general checks issued for the Successors Agency of the Redevelopment Agency of the City of Lake Elsinore for the above-mentioned period.

Attachments
Attachment 1 – SA Warrant Summary
Attachment 2 – SA Warrant Listing
Administrative Services
JULY 21, 2025 TO JULY 27, 2025 CITY OF LAKE ELSINORE SA WARRANT SUMMARY FUND NO. FUND DESCRIPTION TOTAL
510 SARDA AREA I, II, & III 2,750.00 $
GRAND TOTAL 2,750.00 $
Attachment 1 1 OF 1
JULY 21, 2025 TO JULY 27, 2025 CITY OF LAKE ELSINORE SA WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
9597 KPA SERVICES, LLC 605.00 $
9598 LEIBOLD, MCCLENDON & MANN, PC 2,145.00
GRAND TOTAL 2,750.00 $
Attachment 2 1 OF 1
31)
Public Hearing and Election for Annexation Proceedings for Annexation No. 24 Into Community Facilities District No. 2015-2 (Maintenance Services) for PM 38195 & 38281 (Evergreen)

1. Adopt

RESOLUTION

THE

CITY

COUNCIL

THE

CITY

LAKE

ELSINORE,

CALIFORNIA,

CALLING

ELECTION

SUBMIT

THE

QUALIFIED

ELECTORS
THE

QUESTION

LEVYING

SPECIAL

TAX

WITHIN

THE

AREA

PROPOSED

TO
BE

ANNEXED

COMMUNITY

FACILITIES

DISTRICT

NO.

2015-2

(MAINTENANCE
SERVICES) (ANNEXATION NO. 24);

2. Adopt

RESOLUTION

THE

CITY

COUNCIL

THE

CITY

LAKE

ELSINORE,

CALIFORNIA,

DECLARING

ELECTION

RESULTS

FOR

COMMUNITY

FACILITIES
DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) (ANNEXATION NO. 24); and

3. Introduce

title

only

and

waive

further

reading

ORDINANCE

AMENDING

ORDINANCE

NO.

2016-1359

THE

CITY

COUNCIL

THE

CITY

LAKE

ELSINORE,

CALIFORNIA,

ACTING

ITS

CAPACITY

THE

LEGISLATIVE

BODY
OF

COMMUNITY

FACILITIES

DISTRICT

NO.

2015-2

THE

CITY

LAKE

ELSINORE

(MAINTENANCE

SERVICES)

AUTHORIZING

THE

LEVY

SPECIAL
TAXES.

Page 1 of 3 ends

REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Shannon Buckley, Assistant City Manager
Date:August 12, 2025
Subject:Public Hearing and Election for Annexation Proceedings for Annexation No. 24 Into Community Facilities District No. 2015-2 (Maintenance Services) for PM 38195 & 38281 (Evergreen)
Recommendation

1. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, CALLING AN ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE

QUESTION OF LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) (ANNEXATION NO. 24);

2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, DECLARING ELECTION RESULTS FOR COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) (ANNEXATION NO. 24); and

3. Introduce by title only and waive further reading of AN ORDINANCE AMENDING ORDINANCE NO. 2016-1359 OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015-2 OF THE CITY OF LAKE ELSINORE (MAINTENANCE SERVICES) AUTHORIZING THE LEVY OF SPECIAL TAXES.

Background
On June 24, 2025, the City Council adopted Resolution No. 2025-32, declaring its intention to annex territory to Community Facilities District No. 2015-2 (Maintenance Services) and commence the annexation proceedings for the territory to be annexed, also known as Annexation No. 24. A public hearing was set for August 12, 2025. Following such public hearing, if there is no majority protest against the annexation and the levy of the special tax, the City Clerk will conduct an election for the landowners and declare the results of that election.

Annexation No. 24 Into CFD No. 2015-2 Evergreen

Page 2 of 3 ends

As required by the Resolution of Intention, an annexation map was recorded on July 2, 2025, at 8:58 a.m. in Book 96, Page 64, Document No. 2025-0202946 of Maps of Assessment and Community Facilities Districts with the Riverside County Recorder.

Discussion
The City Council adopted the Resolution of Intention in response to a request by Cambern and Central North, LLC, an Arizona limited liability company, and Evergreen-Cambern and Central South Land, LLC, an Arizona limited liability company (the "Owners") for the City to assist them in annexing territory into CFD No. 2015-2 (Maintenance Services) to cover the costs associated with the maintenance of public improvements. The improvements proposed to be maintained include items such as landscaping, lighting, street maintenance, and drainage. The Applicants have agreed to the annexation into the CFD and submitted a "Consent and Waiver" form on file in the City Clerk's Office, to initiate and conduct proceedings under the Mello-Roos Act of 1982, requesting the annexation of property to CFD No. 2015-2 (Maintenance Services) and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election.

The original area proposed under Annexation No. 24 encompasses a grocery store, several quick- serve restaurants, a gas station with a convenience store, and a separate drive-through car wash with 369 parking spaces, which will be incorporated into Tax Zone 27 of CFD No. 2015-2.

Resolution No. 2025-32, adopted on June 24, 2025, originally proposed a maximum special tax rate of $1,594 per acre. The maximum annual tax rates are proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%.

To annex property to CFD No. 2015-2 under the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance which are summarized below.
•Resolution declaring City intent to annex territory to Community Facilities District No. 2015-2, including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area), adopted June 24, 2025.
•Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District. •Resolution declaring the results of the election and directing the recording of the notice of special tax lien.
•Amend the Ordinance and order the levy and collection of special taxes in the District.

With the adoption of the Resolutions and the first reading of the amended Ordinance, the second reading of the amended Ordinance would be scheduled for August 26, 2025.

Annexation No. 24 Into CFD No. 2015-2 Evergreen

Page 3 of 3 ends

Fiscal Impact
On March 1 of each year, every taxable property for which a building permit has been issued will be subject to the special taxes in the ensuing Fiscal Year. If the anticipated costs of maintaining the facilities in any given Fiscal Year, before buildout of the project, exceed the special tax revenues available from parcels for which building permits have been issued, then the special tax may also be on undeveloped property within the Tax Zone.

Once developed, the Special Tax A for Tax Zone 27 will generate $11,297 annually, plus the annual escalator for maintenance services.

Attachments
Attachment 1 - Project Map
Attachment 2 - Resolution Calling an Election
Exhibit A - Rate and Method of Apportionment
Exhibit B-1 - Ballot
Exhibit B-2 - Ballot
Attachment 3 - Resolution Declaring Election Results
Exhibit A - Certificate of Election Results
Attachment 4 - Certificate of Registrar of Voters
Attachment 5 - Ordinance
Attachment 6 – Proof of Publication
Administrative Services
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COMMUNITY FACILITIES DISTRICT NO. 2015-2
ANNEXATION NO. 24

PROJECT MAP

RESOLUTION NO. 2025-_________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, CALLING AN ELECTION TO SUBMIT TO THE QUALIFIED

ELECTORS THE QUESTION OF LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) (ANNEXATION NO. 24)
Whereas, on September 22, 2015 the City Council (the “City Council”) of the City of Lake Elsinore (the “City”) approved Resolution No. 2015-078 declaring the City’s intention to establish Community Facilities District No. 2015-2 (Maintenance Services) of the City of Lake Elsinore, County of Riverside, State of California (the "CFD No. 2015-2") for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and
Whereas, the City Council set a public hearing for September 22, 2015, after which the Council adopted Resolution No. 2015-078 forming the CFD No. 2015-2 and calling a special election at which the questions of levying a special tax and establishing an appropriations limit with respect to the CFD No. 2015-2 were submitted to the qualified electors within the CFD No. 2015-2; and
Whereas, on September 22, 2015, the City Council adopted Resolution No. 2015-079 declaring the results of the special election and finding that more than two-thirds (2/3) of all votes cast at the special election were cast in favor of the proposition presented, and such proposition passed; and
Whereas, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code as amended (the "Act"), to annex territory into an existing community facilities district by complying with the procedures set forth in said Article 3.5; and
Whereas, the City Council on June 24, 2025, duly adopted Resolution No. 2025-32 (the “Resolution of Intention”) declaring its intention to annex certain territory to CFD No. 2015-2 (Maintenance Services) and to levy a special tax within that territory to pay for certain services and setting a time and place for the public hearing on the proposed annexation for August 12, 2025; and
Whereas, the territory proposed to be annexed is identified in a map entitled "Annexation Map No. 24 Community Facilities District No. 2015-2 (Maintenance Services)" a copy of which was recorded, on July 2, 2025, in Book 96 of Maps of Assessment and Community Facilities Districts at Page 64, in the office of the Riverside County Recorder; and Whereas, pursuant to the Act and the Resolution of Intention, a noticed public hearing was convened by the City Council on August 12, 2025, not earlier than the hour of 7:00 p.m. at the City Hall located at 183 N Main Street, Lake Elsinore, California 92530, relative to the proposed annexation of said territory to CFD No. 2015-2; and Whereas, written protests have not been filed by fifty percent (50%) or more of the registered voters residing within the CFD No 2015-2, or by fifty percent (50%) or more of the registered voters residing within the territory to be annexed, or by the owners of one-half (1/2) or CC Reso. No. 2025-_____

Page 2 of 4 ends

3 9
2 7
1 more of the area within the CFD No. 2015-2, or by the owners of one-half (1/2) or more of the territory to be annexed; and
Whereas, the City Council has determined that there are fewer than twelve registered voters residing in the territory proposed to be annexed to the CFD No. 2015-2 and that the qualified electors in such territory are the landowners; and Whereas, on the basis of all of the foregoing, the City Council has determined at this time to call an election to authorize the annexation of territory to the CFD No. 2015-2 and the levying of a special tax as described in Exhibit A hereto; and
Whereas, the City Council has received a written instrument from each landowner in the territory proposed to be annexed to the CFD No. 2015-2 consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election; and
Whereas, the City Clerk has concurred in the election date set forth herein.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

ACTING EX OFFICIO AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT 2015-2 (MAINTENANCE SERVICES) OF THE CITY OF LAKE ELSINORE, HERE BY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Recitals. The foregoing recitals are true and correct.

Section 2.Conformation of Finding in Resolution of Intention. The City Council reconfirms all of its findings and determinations as set forth in the Resolution of Intention.

Section 3.Findings Regarding Protests. The City Council finds and determines that written protests to the proposed annexation of territory to the CFD No. 2015-2 and the levy of the special tax within such territory are insufficient in number and in amount under the Act, and the City Council hereby further orders and determines that all such protests are hereby overruled.

Section 4.Findings Regarding Prior Proceedings. The City Council finds and determines that all prior proceedings had and taken by the City Council with respect to the annexation of territory to CFD No. 2015-2 are valid and in conformity with the requirements of the Act.

Section 5. Levy of Special Tax. As stated in the Resolution of Intention, except where funds are otherwise available, subject to the approval of the qualified electors of territory proposed to be annexed to CFD No. 2015-2, a special tax sufficient to pay the costs of the Services (including incidental expenses as described in the Resolution of Intention), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2015-2, will be levied annually in CFD No. 2015-2. The rate and method of apportionment, and manner of collection of the special tax are specified in Exhibit A hereto.

Section 6. Apportionment of Tax. The special tax as apportioned to each parcel is based on the cost of making the Services available to each parcel, or other reasonable basis, and is not based on or upon the ownership of real property.

CC Reso. No. 2025-_____

Page 3 of 4 ends

3 9
2 7
1 Section 7.Tax Roll Preparation. The office of the Assistant City Manager, 130 South Main Street, City of Lake Elsinore, is hereby designated as the office that will be responsible for annually preparing a current roll of special tax levy obligations by assessor’s parcel number and that will be responsible for estimating future special tax levies pursuant to Government Code section 53340.2. The Assistant City Manager may cause these functions to be performed by his or her deputies, assistants, or other designated agents.

Section 8. Accountability Measures. Pursuant to Section 50075.1 of the California Government Code, the City shall create a separate account into which tax proceeds will be deposited; and the Assistant City Manager annually shall file a report with the City Council that will state (a) the amount of funds collected and expended and (b) the status of the Services financed in CFD No. 2015-2.

Section 9. Special Election; Voting Procedures. The City Council hereby submits the questions of levying the special tax within the territory proposed to be annexed to the qualified electors, in accordance with and subject to the Act. The special election shall be held on August 12, 2025, and shall be conducted as follows:
(a) Qualified Electors. The City Council hereby determines that the Services are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of CFD No. 2015-2. Because fewer than twelve registered voters resided within the territory proposed to be annexed to CFD No. 2015-2 on June 27, 2025 (a date within the 90 days preceding the close of the public hearing on the territory proposed to be annexed to CFD No. 2015-2), the qualified electors shall be the landowners within territory proposed to be annexed, and each landowner who was the owner of record at the close of the hearing shall have one vote for each acre or portion of an acre of land that such landowner owns within the territory proposed to be annexed to CFD No. 2015-2.
(b) Consolidation of Elections; Combination of Propositions on Ballot. The election on the question of levying the special tax and establishing an appropriations limit for CFD No. 2015-2 shall be consolidated, and the two proportions shall be combined into a single ballot proposition for submission to the voters, as authorized by Government Code Section 53353.5. (c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the election shall be conducted as a mail ballot election. The City Council hereby ratifies the City Clerk’s delivery of a ballot to each landowner within the territory proposed to be annexed to CFD No. 2015-2. The City Council hereby ratifies the form of the ballot, which is attached hereto as Exhibit B.
(d) Return of Ballots. The City Clerk shall accept the ballots of the landowners up to 7:00 p.m. on August 12, 2025. The City Clerk shall have available ballots that may be marked at the City Clerk’s office on the election day by voters. Once all qualified electors have voted, the City Clerk may close the election.
(e) Canvass of Election. The City Clerk shall commence the canvass of the returns of the special election as soon as the election is closed (on August 12, 2025, or when all qualified electors have voted) at the City Clerk’s office. At the conclusion of the canvass, the City Clerk shall declare the results of the election.
(f) Declaration of Results. The City Council shall declare the results of the special election following the completion of the canvass of the returns and shall cause to be inserted into CC Reso. No. 2025-_____

Page 4 of 4 ends

Lake Elsinore City CouncilAugust 12, 2025

Lake Elsinore City Council
August 12, 2025